IC-NRLF 


SB    MS 


J  O  U 


* 
| 

OF  THE  PROCEEDINGS  OF  THE 


CONVENTION  OF  DELEGATES 


ELECTED    BY    THE    PEOPLE    OF    TENNESSEE,   TO 


AMEND,  REVISE,  OR  FORM  AND  MAKE 


NEW    CONSTITUTION 


FOR   THE    STATE. 


ASSEMBLED  IN  THE  CITY  OP  NASHVILLE,  JANUARY  10, 1370. 


NASHVILLE: 

JONES,.  PURVIS    &    CO.,  PRINTERS    TO    THE   STATE.. 
1870. 


/870 


OFPT. 


OF   THE 


CONVENTION  OF  THE  STATE  OF  TENNESSEE, 

Convened  in  the  City  of  Nashville  on  Monday,  the  Wth  day  of  Janu- 
ary, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
seventy,  and  in  the  ninety-fourth  year  of  American  Independence, 
in  pursuance  of  an  Act  of  the  General  Assembly  of  the  State  afore- 
said, entitled  "An  Act  to  provide  for  the  Calling  of  a  Convention," 
passed  the  I5th  day  of  November,  1869. 


THE  ASSEMBLING. 

Mr.  NICHOLSON  called  the  Convention  to  order,  and  read  the  fol- 
lowing proclamation  from  the  Governor: 

"EXECUTIVE  OFFICE,         ) 
NASHVILLE,  January  10th,  1870.  J 

"  To  the  People  of  the  State  of  Tennessee,  and  to  the  Delegates  to 
the  Constitutional  Convention,  elected  at  the  general  election  held  in 
pursuance  of  an  Act  passed  by  the  General  Assembly  of  the  State 
of  Tennessee,  on  the  18th  day  of  December,  1869,  now  assembled  in 
Nashville : 

"WHEREAS,  By  the  12th  section  of  an  Act ' entitled  an  Act  to 
authorize  the  people  to  call  a  Convention  and  for  other  purposes/ 
passed  November  15th,  1869,  it  is  made  the  duty. of  the  Governor 
and  Secretary  of  State  to  compare  the  returns  made  by  the  Com- 
missioners of  Registration,  of  the  votes  cast  at  the  general  election 
held  on  the  18th  day  of  Dumber  J869.  for  and  against  the  Con- 

M  JL8R9  7 


veution  therein  provided  for,  and  if  a  majority  of  those  voting  be 
in  favor  of  a  Convention,  it.  shall  be  the  duty  of  the  Governor  im- 
mediately to  issue:  his  proclamation  announcing  the  result. 

"  Now,  therefore,  be  it  known,  that  upon  a  careful  comparison  of 
the  returns  made,  it  satisfactorily  appears  that  a  large  majority  of 
the  votes  so  cast  are  in  favor  of  said  Convention,  the  votes  for  Con- 
vention being  50,520,  and  against  10,020,  showing  a  majority  of 
40,500.  I  do,  therefore,  hereby  proclaim  that  said  Convention  is 
carried  by  a  majority  of  40,500,  as  far  as  heard  from. 

"  In  testimony  whereof,  I  have  hereunto  subscribed  my  official 
signature,  and  caused  the  Great  Seal  of  the  State  to  be  affixed,  at 
the  Department  in  Nashville,  this  10th  day  of  January,  1870. 

"  D.  W.  C.  SENTER." 
"  By  the  Governor  : 

"A.  J.  FLETCHER, 

Secretary  of  State." 

On  motion  of  Mr.  NICHOLSON,  Boiling  Gordon,  the  delegate  from 
Hickman,  was  appointed  temporary  President  of  the  Convention. 

Mr.  GOBDON,  on  taking  the  Chair,  addressed  the  Convention  as 
follows : 

GENTLEMEN  OF  THE  CONVENTION: 

For  the  honor  conferred  upon  me,  unsuited  as  I  am  to  preside 
over  this  body  during  its  organization,  accept  my  thanks.  I  re- 
eeive  it  at  your  hands  the  more  properly,  because  I  am  a  sort  "of 
connecting  link  between  the  past  and  present  generation.  I  stand- 
before  you  as  the  sole  return  delegate  to  this  body,  being  one  who 
met  with  others,  almost  on  this  identical  spot,  thirty-five  years  ago, 
to  give  to  the  State  a  Constitution.  Whether  that  instrument  has 
been  acceptable,  it  is  not  for  me  to  inquire  ;  but  it  certainly  has  to 
the  great  majority  of  the  people  of  the  State.  I  was  associated 
with  a  class  of  men  who  performed  great  services  for  the  State.  I 
make  mention  of  Blount,  a  man  venerable  in  years  and  profound  in 
erudition;  Walton,  an  upright,  sensible  man,  who  occupied  the 
same  position  in  the  Convention ,  of  96,  which  I  occupy  in  the 
present.  To  this  class  of  men  I  may  add  the  names  of  McKinney, 
of  East,  and  Weakley,  of  West  Tennessee.  We  had  among  us 
various  distinguished  men,  whose  deeds  it  is  not  necessary  for  me 
to  recount.  I  may  name  the  venerable  Francis  B.  Fogg,  of  this 
city,  who  left  his  impress  upon  the  Constitution.  But  society,  like 
everything  else,  moves  on,  and  we  are  now  called  upon  to  remodel 
that  Constitution,  to  adapt  it  to  the  wants  of  the  age. 


5 

May  I  not  invoke  this  Convention,  in  which  I  s_ee  so  many  gray 
heads,  and  so  many  distinguished  men,  to  aid  in  making  a  Consti- 
tutional Government  which  shall  answer  all  the  ends  designed  ; 
may  I  not  invoke  you  to  discharge  all  the  duties  of  the  occasion 
with  credit  to  yourselves,  and  with  benefit  to  the  State.  I  thank 
you,  gentlemen. 

The  following  named  delegates  appeared,  produced  their  creden- 
tials, and  took  their  seats : 

From  the  County  of  Bedford— T.  B.  IVIE. 
From  the  County  of  Blount— W.  H.  FINLEY. 
From  the  County  of  Bradley — S.  P.  GAUT. 
From  the  County  of  Cannon — WARREN  CUMMINGS. 
From  the  County  of  Carroll — W.  M.  WRIGHT. 
From  the  County  of  Claiborne — P.  G.  FULKERSON. 
From  the  County  of  Cocke— M.  McNABB. 

From  the  County  of  Davidson — NEIL  S.  BROWN  and  JOHN  .C. 
THOMPSON. 

From  the  County  of  DeKalb— 

From  the  County  of  Dickson — THOMAS  C.  MORRIS. 

From  the  County  of  Fayette . 

From  the  County  of  Franklin — JESSE  ARLEDGE. 
From  the  County  of  Gibson — SPARREL  HILL. 
From  the  County  of  Giles — THOMAS  M.  JONES. 
From  the  County  of  Grainger— J^BVIES  W.  BRANSON. 
From  the  County  of  Green — JAMES  BRITTON. 
From  the  County  of  Hamilton — RICHARD  HENDERSON. 
From  the  County  of  Hardeinan — JAMES  FENTRESS. 
From  the  County  of  Hardin — A.  G.  McDouGAL. 
From  the  County  of  Hawkins — JOHN  NETHERLAND. 
From  the  County  of  Haywood — GEORGE  C.  PORTER. 

From  the  County  of  Henderson . 

From  the  County  of  Henry — JAS.  D.  PORTER,  JR. 

From  the  County  of  Hickman — BOLLING  GORDON. 

From  the  County  of  Jackson — RICHARD  P.  BROOKS. 

From  the  County  of  Jefferson — WM.  SAMPLE. 

From  the  County  of  Knox — JOHN  BAXTER. 

From  the  County  of  Lawrence — T.  D.  DEAVENPORT. 

From  the  County  of  Lincoln — GEO.  W.  JONES. 

From  the  County  of  Madison — ALEXANDER  W.  CAMPBELL. 

From  the  County  of  Marion — WM.  BYRNE. 


6 

From  the  County  of  Marshall— RICHARD  WARNER,  JR. 

From  the  County  ot  Maury — W.  V.  THOMP  SON. 

From  the  County  of  McNairy — . 

From  the  County  of  McMinn — A.  BLIZARD. 

From  the -County  of  Monroe — JAMES  A.  COFFIN. 

From  the  County  of  Montgomery — D.  N.  KENNEDY. 

From  the  County  of  Obion — CHAS.  N.  GIBBS. 

From  the  County  of  Overton — Z.  R.  CHOWNING. 

From  the  County  of  Roane — W.  B.  STALE Y. 

From  the  County  of  Robertson — JOHN  E.  GARNER. 

From  the.  County  of  Rutherford — JOHN  W.  BURTON. 

From  the  County  of  Stewart — NATHAN  BRANDON. 

From  the  County  of  Sullivan — "W.  V.  DEADERICK. 

From  the  County  of  Sumner — JAMES  J.  TURNER. 

From  the  County  of  Shelby — WILLIAM  H.  STEPHENS  and  Jos. 
B.  HEISKELL. 

From  the  County  of  Smith — JOHN  ALLEN. 

From  the  County  of  Warren— H.  L.  W.  HILL. 

From  the  County  of  Washington — S.  J.  KIRKPATRICK. 

From  the  County  of  Wayne . 

From  the  County  of  Weakley — JOHN  A.  GARDNER. 

From  the  County  of  White — GEO.  G.  DIBBRELL. 

From  the  County  of  Wilson, — S.  G.  SHEPARD,  and  W.  H.  WIL- 
LIAMSON. 

From  the  County  of  Williamson — SAMUEL  S.  HOUSE. 

From  the  Counties  of  Carter  and  Johnson — W.  B.  CARTER. 

From  the  Counties  of  Greene,  Hawkins,  Hancock  and  Jefferson 
—A.  A.  KYLE. 

From  the  Counties  of  Knox  and  Sevier — Jos.  A.  MABRY. 

From  the  Counties  of  Anderson  and  Campbell — H.  R.  GIBSON. 

From  the  Counties  of  Scott,  Morgan  and  Fentress — JAMES  C. 
PARKER. 

From  the  Counties  of  Polk,  McMinn,  and  Meigs — T.  M.  BURKETT. 

From  the  Counties  of  Rhea,  Bledsoe,  Hamilton,  and  Sequatchie 
-D.  M.  KEY. 

From  the  Counties  of  Grundy,  Coffee  and  Van  Buren — MATT. 
MARTIN. 

From  the  Counties  of  Smith,  Sumner  and  Macon — GEORGE  E. 
SEAY. 


From  the  Counties  of  Davidson,  Robertson,  and  Montgomery — 
JOHN  F.  HOUSE. 

From  the  Counties  of  Rutherford  and  Bedford — JNO.  E.  DROM- 

CiOOLE. 

From  the  Counties  of  Lincoln,  Marshall  and  Giles — JNO.  C. 
BROWN. 

From  the  Counties  of  Williamson,  Maury  and  Lewis — A.  O.  P. 
NICHOLSON. 

From  the  Counties  of  Benton  and  IJumphreys— Ws  F.  DOHERTY. 

From  the  Counties  of  Perry  and  Decatur — G.  W.  WALTERS. 

From  the  Counties  of  Carroll,  Gibson,  Madison  and  .Henry — 
JAMES  S.  BROWN. 

From  the  Counties  of  Dyer  and  Lauderdale — A.  T.  FIELDER. 

From  the  Counties  of  Tipton,  Shelby,  and  Fayette — HUMPHREY 
R.  BATE, 

THE   ORGANIZATION, 

Sixty-six  members  appearing,  it  was  announced  by  the  Chair  that 
the  first  business  in  order  was  the  election  of  a  President,  and  that 
aiominations  were  in  order, 

Mr,  NETHERLAND  nominated  Mr.  John  C.  Brown,  delegate  from 
the  counties  of  Lincoln,  Marshall  and  Giles. 

There  being  no  other  person  in  nomination, 

On  motion  of  Mr.  KENNEDY,  Mr.  Brown  was  declared  the  unan- 
imous choice  of  the  Convention  for  President. 

The  Chair  appointed  Messrs.  Netherland  and  Jones,  of  Lincoln, 
to  conduct  the  President  elect  to  the  chair,  and  on  taking  his  seat 
he  addressed  the  Convention  as  follows : 

GENTLEMEN  OF  THE  CONVENTION  : 

While  I  am  not  insensible  to  the  distinguished  honor  you  have 
conferred  on  me,  I  trust  you  will  give  me  credit  for  candor  when  I 
say  that  I  would  have  preferred  that  the  responsibilities  which  your 
generous  confidence  has  imposed  on  me,  should  have  been  confided 
to  one  more  experienced  in  parliamentary  usage. 

I  am  a  stranger  to  deliberative  bodies.  I  shall  therefore  be  under 
the  necessity  of  invoking  your  charity  for  my  shortcomings,  and 
your  sympathy  and  assistance  in  the  discharge  of  my  official  duties. 

We 'have  assembled  at  a  most  critical  period  in  the  history  of  our 
affairs.  The  peace,  the  happiness  and  prosperity  of  our  beloved 
State  may  depend,  in  a  great  measure,  for  years  to  come,  upon  the 
wisdom,  prudence  and  moderation  which  shall  mark  our  delibera- 


8 

tions.     Questions  of  difficulty  and  delicacy  may  arise  in  the  course 
of  our  proceedings.     Let  them  be  met  and  disposed  of  in  a  spirit 
worthy  of  those  to  whose  hands  the  destinies  of  a  great  Common- 
wealth have  been  committed  by  a  gallant  and  confiding  people, 
/fiet   us  raise  ourselves  above  the  passions  and  prejudices  of  the 
/  hour,  and  dare  to  be  just  and  generous  regardless  of  the  tempta- 
i  tions  prompting  a  contrary  course.    We  cannot,  we  must  not)  be  un- 
\  mindful  of  the  great  changes  that  have  impressed  themselves  upon 
X>ur  history.     Let  us  accept  the  situation,  and  not  seek  to  alter  cir- 
cumstances which  have  passed  beyond  our  control.   With  this  spirit 
animating  every  delegate,  our  session  will  speedily  arrive  at  results 
which  will  satisfy  all  our  people,  and  make  Tennessee  what  she  de- 
serves to  be,  a  great,  happy  and  prosperous  State. 

With  a  sincere  hope  that  all  our  deliberations  may  be  character- 
ized by  justice  and  moderation,  and  again  thanking  you  for  the  un- 
merited honor  conferred  upon  me,  I  enter  upon  the  discharge  of  the 
duties  you  have  assigned  me. 

On  motion  of  Mr.  BROWN,  of  Davidson,  the  Rev.  Mr.  Rains- 
opened  the  proceedings  by  prayer. 

On  motion  of  Mr.  GORDON,  all  Ministers  of  the  Gospel  present 
were  invited  to  the  President's  stand. 

Mr.  BAXTER  offered  the  following  resolution : 

Resoj/ved,  That  before  proceeding  further  with  the  business  of 
this  Convention,  each  member  be  required  to  take  an  oath  to  sup- 
port the  Constitution  of  the  United  States. 

On  motion  of  Mr.  HOUSE,  of  Davidson,  Robertson  and  Mont- 
gomery, the  resolution  was  laid  on  the  table  temporarily. 

Mr.  Burton  offered  the  following  resolution  : 

Resolved,  That  the  Convention  proceed  to  complete  its  organiza- 
tion by  the  election  of  one  Secretary,  one  Assistant  Secretary,  one 
Door-keeper,  one  Assistant  Door-keeper,  and  one  Messenger. 

Mr.  PORTER  of  Henry,  moved  to  amend  by  inserting  "  three  Sec- 
retaries." 

Which  amendment  was  rejected. 

The  resolution  of  Mr.  BURTON  was  then  adopted. 

On  motion  of  Mr.  KENNEDY,  it  was 

Resolved,  That  the  rules  of  the  House  of  Representatives  be 
adopted  by  this  Convention,  as  rules  to  govern  its  proceedings  and 
deliberations,  as  far  as  they  are  applicable. 

The  President  announced  the  next  business  in  order  to  be  the 
election  of  a  Secretary,  and  that  nominations  were  in  order. 


9 

Mr.  WILLIAMSON  nominated  Samuel  Donelson,  of  the  County  of 
Simmer. 

Mr.  HOUSE,  of  Williamson,  nominated  Wm.  G.  Marshall,  of 
Williamson. 

Mr.  TURNER  nominated  T.  E.  S.  Russwurm,  of  the  County  of 
Sumner. 

There  being  no  other  nominations,  a  ballot  was  had,  with  the  fol- 
lowing result : 

For  Mr.  DONELSON — Messrs.  Allen,  Arledge,  Campbell,  Chown- 
ing,  Gardner,  Gordon,  Jones  of  Lincoln,  Kyle,  Porter  of  Hay  wood, 
Shepard,  Thompson  of  Davidson,  Thompson  of  Maury,  and  Wil- 
liamson— 13. 

For  Mr.  MARSHALL — Messrs.  Baxter,  Dibbrell,  Deavenport, 
Deaderick,  Finley,  Fen  tress,  Gibbs,  Hill  of  Gibson,  House  of  Wil- 
liamson, House  of  Davidson,  Robertson  and  Montgomery,  Jones  of 
Giles,  Martin,  Mabry,  Netherland,  Nicholson,  Porter  of  Henry, 
Warner,  and  President  Brown — 18. 

For  Mr.  RUSSWURM — Messrs.  Brown  of  Davidson,  Branson, 
Britton,  Brooks,  Byrne,  Blizard,  Burton,  Brandon,  Brown  of  Carroll, 
Gibson,  Madison  and  Henry,  Carter,  Coffin,  Doherty,  Dromgoole, 
Fulkerson,  Fielder,  Gaut,  Garner,  Henderson,  Hill  of  Warren,  Heis- 
kell,  Ivie,  Kirkpatrick,  Key,  Kennedy,Morris,  McDougal,  McNabb, 
Parker,  Seay,  Stephens,  Staley,  Sample,  Turner,  Walters  and 
Wright— 35. 

Mr.  RUSSWURM  having  received  a  majority  of  all  the  votes  cast, 
was  declared  duly  elected  Secretary  of  the  Convention,  and  he  ap- 
peared and  entered  upon  his  duties. 

The  President  announced  that  the  next  business  in  order  was  the 
election  of  an  Assistant  Secretary,  and  that  nominations  were  in 
order. 

Mr.  JONES,  of  Lincoln,  nominated  T.  W.  Jones,  of  Giles. 
Mr.  NETHERLAND  nominated  W.  S.  Kyle,  of  Hawkins. 
Mr.  PORTER,  of  Haywood,  nominated  Henry  Noland,  of  Hay- 
wood. 

A  ballot  was  had,  with  the  following  result : 

For  Mr.  JONES — Messrs.  Allen,  Arledge,  Brown  of  Daviison, 
Brooks,  Burton,  Deavenport,  Doherty,  Dromgoole,  Fielder,  Gibbs, 
Gordon,  Garner,  Hill-  of  Warren,  Hill  of  Gibson,  House  of  Wil- 
liamson, House  of  Davidson,  Robertson  and  Montgomery,  Ivie, 
Jones  of  Lincoln,  Jones  of  Giles,  Martin,  Morris,  McDougal, 


10 

Nicholson,  Thompson  of  Davidson,  Thompson  of  Maury,  Wright, 
Warner,  Walters,  and  President  Brown — 29, 

For  Mr.  KYLE — Messrs.  Branson,  Baxter,  Britton,  Byrne,  Bliz- 
ard,  Brandon,  Coffin,  Chowning,  Carter,  Dibbrell,  Deaderick,  Fin- 
ley,  Fulkerson,  Gaut,  Henderson,  Heiskell,  Kirkpatrick,  Key,  Ken- 
nedy, Kyle,  Mabry,  McNabb,  Netherland,  Parker,  Seay,  Shepard, 
Staley,  Sample,  Turner,  and  Williamson — 30. 

For  Mr.  NOLAND — Messrs.  Brown  of  Carroll,  Gibson,  Madison 
and  llenry,  Campbell,  Fentress,  Gardner,  Porter  of  Haywood, 
Porter  of  Henry,  and  Stephens — 7. 

Mr.  PORTER  withdrew  the  name  of  Mr.  Noland. 
Another  ballot  was  had,  with  the  following  result : 

For  Mr.  JONES — Messrs.  Allen,  Arledge,  Brown  of  Davidson, 
Brooks,  Burton,  Brown  of  Carroll,  Gibson,  Madison  and  Henry, 
Campbell,  Deavenport,  Doherty,  Dromgoole,  Fentress,  Fielder, 
Gardner,  Gibbs,  Gordon,  Garner,  Hill  of  Warren,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Davidson,  Robertson  and  Mont- 
gomery, Ivie,  Jones  of  Lincoln,  Jones  of  Giles,  Martin,  Morris, 
McDougal,  Nicholson,  Porter  of  Henry,  Stephens,  Thompson  of 
Davidson,  Thompson  of  Maury,  Wright,  Warner,  Walters,  and 
President  Brown — 35. 

For  Mr.  KYLE — Messrs.  Branson,  Baxter,  Britton,  Byrne,  Bliz- 
ard,  Brandon,  Coffin,  Chowing,  Carter,  Dibbrell,  Deaderick,  Fin- 
ley,  Fulkerson,  Gaut,  Henderson,  Heiskell,  Kirkpatrick,  Key, 
Kennedy,  Kyle,  Mabry,  McNabb,  Netherland,  Porter  of  Haywood, 
Parker,  Seay,  Shepard,  Staley,  Sample,  Turner,  and  William- 
son—31. 

Mr.  JONES  having  received  a  majority  of  all  the  votes  cast,  was 
declared  duly  elected  Assistant  Secretary,  and  he  appeared  and  en- 
tered upon  his  duties. 

The  Convention  then  proceeded  to  the  election  of  a  Door-keeper, 
when  the  following  named  persons  were  put  in  nomination  : 

Mr.  JONES,  of  Lincoln,  nominated  John  H.  Taylor,  of  Lincoln. 

Mr.  SEAY  nominated  L.  G.  Stuart,  of  Sumner. 

Mr.  THOMPSON,  of  Davidson,  nominated  T.  W.  Ballou,  of  David- 
son. 

Mr.  BROWN,  of  Davidson,  nominated  W.  J.  Moss,  of  Davidson. 

Mr.  DIBBRELL  nominated  Alexander  Oliver,  of  White. 

A  ballot  was  had  with  the  following  result : 

For  Mr.  TAYLOR — Messrs.  Arledge,  Cumniings,  Dromgoole,  Gaut, 


11 

V 

Gordon,  Henderson,  Ivie,  Jones  of  Lincoln,  Jones  of  Giles,  Key, 
Martin,  Nicholson,  Thompson  of  Maury,  Warner  and  President 
Brown — 15. 

For  Mr.  BALLOU — Mr.  Thompson  of  Davidson — 1. 

For  Mr.  Moss — Messrs.  Brown  of  Davidson,  Branson,  Baxter, 
Britton,  Brandon,  Chowning,  Carter,  Finley,  Fulkerson,  Fielder, 
Hill  of  Gibson,  House  of  Williamson,  Kirkpatrick,  Kennedy, 
Parker,  Stephens  and  Staley — 18. 

For  Mr.  STUART — Messrs.  Allen,  Blizard,  Burton,  Brown  of  Car- 
roll, Gibson,  Madison  and  Henry,  Coffin,  Campbell,  Deavenport, 
Doherty,  Fentress,  Gardner,  Garner,  Heiskell,  Mabry,  Morris, 
McDougal,  McNabb,  Netherland,  Porter  of  Haywood,  Porter  of 
Henry,  Seay,  Shepard,  Thompson  of  Maury,  Turner,  Wright, 
Williamson  and  Walters — 25. 

For  Mr.  OLIVER — Messrs.  Brooks,  Byrne,  Dibbrell,  Deaderick, 
Gibbs,  Hill  of  Warren,  Kyle  and  Sample— 8. 

There  being  no  election,  another  ballot  was  had  as  follows  : 

For  Mr.  TAYLOR — Messrs.  Arledge,  Cummings,  Dromgoole,  Gaut, 
Henderson,  Hill  of  Warren,  Ivie,  Jones  of  Lincoln,  Jones  of  Giles, 
Key,  Kennedy,  Martin,  Nicholson,  Thompson  of  Maury,  Warner 
and  President  Brown — 16. 

For  Mr.  STUART — Messrs.  Allen,  Blizard,Burton,  Brown  of  Hen- 
ry, Carroll,  Gibson  and  Madison,  Campbell,  Carter,  Deavenport, 
Deaderick,  Doherty,  Fentress,  Fielder,  Gardner,  Garner,  Gibbs, 
Gordon,  Heiskell,  House  of  Davidson,  Robertson  and  Montgomery, 
Kirkpatrick,  Mabry,  McDougal,  Netherland,  Porter  of  Haywood, 
Porter  of  Henry,  Seay,  Shepard,  Stephens,  Turner,  Wright,  Wil- 
liamson and  Walters — 30. 

For  Mr.  Moss — Messrs.  Brown  of  Davidson,  Branson,  Britton, ' 
Brandon,  Chowning,  Finley,  Hill  of  Gibson,  House  of  William- 
son, Morris,  McNabb,  Parker  and  Staley — 12. 

For  Mr.  OLIVER — Messrs.  Brooks,  Byrne,  Dibbrell,  Fulkerson 
and  Mr.  Kyle — 5. 

For  Mr.  BALLOU — Mr.  Thompson  of  Davidson — 1. 
There  being  no  election,  another  ballot  was  had  as  follows  : 
[Mr.  DIBBRELL  withdrew  the  name  of  Mr.  Oliver.] 

For  Mr.  TAYLOR — Messrs.  Arledge,  Baxter,  Cummings,  Dibbrell, 
Finley,  Fulkerson,  Gaut,  Henderson,  Hill  of  Warren,  Ivie,  Jones 
of  Lincoln,  Jones  of  Giles,  Key,  Martin,  Nicholson,  Thompson  of 
Maury,  Warner  and  President  Brown — 18. 

For  Mr.  STUART — Messrs.  Allen,  Branson,  Britton,  Byrne,  Bliz- 


12 

ard,  Burton,  Brown  of  Henry,  Carroll,  Gibson  and  Madison, 
Coffin,  Carter,  Campbell,  Deavenport,  Deaderick,  Doherty,  Drom- 
goole,  Fentress,  Fielder,  Gardner,  Gibbs,  Gordon,  Garner,  Hill  of 
Gibson,  Heiskell,  House  of  Davidson,  Robertson  and  Montgomery, 
Kirkpatrick,  Kennedy,  Kyle,  Mabry,  Morris,  McDougal,  Nether- 
land,  Porter  of  Hay  wood,  Porter  of  Henry,  Seay,  Shepard,  Stephens, 
Sample  and  Turner — 40. 

For  Mr.  Moss — Messrs.  Brown  of  Davidson,  Brooks,  Brandon, 
Chowning,  House  of  Williamsom,  McNabb,  Parker,  Staley  and 
Thompson  of  Davidson — '9. 

Mr.  L.  G.  STUAET  having  received  a  majority  of  all  the  votes  cast, 
was  declared  duly  elected  Door-keeper  of  this  Convention  for  the 
present  term. 

The  Convention  then  proceeded  to  the  election  of  an  Assistant 
Door-keeper. 

Mr.  MARTIN  nominated  John  E.  Bennett,  of  Coffee. 

Mr.  THOMPSON,  of  Davidson,  nominated  H.  A.  Ausburn,  of  the 
County  of  Davidson. 

Mr.  BAXTER  nominated  Abraham  Brown,  colored,  of  the  County 
of  Davidson. 

Mr.  THOMPSON,  of  Davidson,  nominated  E.  B.  Drake. 

Mr.  BROWN,  of  Davidson,  nominated  W.  H.  Grant. 

There  being  no  other  nominations  the  Convention  proceeded  to 
ballot  with  the  following  result : 

For  Mr.  AUSBURN — Messrs.  Brown  of  Henry,  Carroll,  Gibson 
and  Madison,  Campbell,  Heiskell,  Mabry,  Netherland,  Porter  of 
Henry,  Turner  and  Walters — 8. 

For  Mr.  BENNETT — Messrs.  Allen,  Arledge,  Brooks,  Burton,  Cum- 
mings,  Coffin,  Chowing,  Dibbrell,  Deavenport,  Deaderick,  Drom- 
goole,  Fulkerson,  Fentress,  Fielder,  Gaut,  Gardner,  Gibbs,  Garner, 
Gordon,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Wil- 
iamson,  Ivie,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Kyle, 
Martin,  Morris,  McDougal,  Nicholson,  Porter  of  Hay  wood,  Parker, 
Seay,  Shepard,  Stephens,  Thompson  of  Maury,  Wright,  Williamson, 
Warner  and  President  Brown — 41. 

For  Mr.  DRAKE — Messrs.  Doherty,  House  of  Davidson,  Robert- 
son and  Montgomery,  and  Thompson  of  Davidson — 3. 

For  Mr.  GRANT — Mr.  Brown  of  Davidson — 1. 

For  ABRAHAM  BROWN — Messrs.  Branson,  Baxter,  Britton,  Bliz- 
ard,  Finley,  Gaut,  Kirkpatrick,  Key,  McNabb,  Staley  and  Sample — 1 1 . 

JOHN  E.  BENNETT  having  received  a  majority  of  all  the  votes  cast, 


13 

•• 

was  declared  duly  elected  Assistant  Door-keeper  of  this  Convention 
for  the  present  term. 

The  Convention  then  proceeded  to  the  election  of  a  Messenger. 

Mr.  WILLIAMSON  nominated  Master  Paul  Jones,  of  Davidson. 

Mr.  WARNER  nominated  H.  N.  C.  Davis,  of  Marshall. 

Mr.  DIBBRELL  nominated Skipworth. 

Mr.  BURTON  nominated  G.  W.  Blanche,  of  Butherford. 

Mr.  KYLE  nominated  Win.  Polk,  colored,  of  Davidson. 

Mr.  BROWN,  of  Davidson,  nominated Baskett. 

Mr.  THOMPSON,  of  Davidson,  nominated  J.  N.  Todd. 

Mr.  THOMPSON,  of  Davidson,  nominated  H.  A.  Ausburn. 

There  being  no  other  nominations  the  Convention  proceeded  to 
ballot  with  the  following  result : 

For  Master  JONES — Messrs.  Arledge,  Garner,  House  of  Davidson, 
Robertson  and  Montgomery,  Morris,  McDougal,  Shepard  and  Wil- 
liamson— 7. 

For  Mr.  DAVIS — Messrs.  Branson,  Britton,  Brooks,  Byrne,  Dea- 
venport,  Deaderick,  Doherty,  Fulkerson,  Fielder,  Gardner,  Gibbs, 
Gordon,  Hill  of  Gibson,  Heiskell,  House  of  Williamson,  Ivie, 
Jones  of  Lincoln,  Jones  of  Giles,  Kirkpatrick,  Martin,  Mabry, 
McNabb,  Nicholson,  Porter  of  Hay  wood,  Parker,  Stephens,  Thomp- 
son of  Maury,  Turner,  Wright,  Warner,  Walters  and  President 
Brown — 32. 

For  Wm.  POLK — Messrs.  Baxter,  Blizard,  Brandon,  Finley,  Gaut, 
Henderson,  Key,  Kyle  and  Sample — 9. 

-  For  Mr,  SKIPWORTH — Messrs.  Coffin,  Chowning,  Dibbrell,  Ken- 
nedy, Netherland  and  Staley — 6. 

For  Mr.  BASKETT — Messrs.  Brown  of  Davidson,  and  Hill  of  War-' 
ren— 2. 

For  Mr.  AUSBURN — Mr.  Carter — 1. 

There  being  no  election — when,  on  motion  of  Mr.  GARNER, 

Mr.  DAVIS  was  declared  to  be  the  Messenger  of  the  Convention  for 
the  present  term. 

This  completed  the  organization  of  the  Convention. 

On  motion  of  Mr.  KIRKPATRICK,  it  was 

Resolved,  That  the  resident  clergy  of  this  city  be,  and  they  are 
hereby  respectfully  solicited  to  act  as  Chaplains  of  this  Convention 
during  its  sittings,  dividing  the  time  among  themselves  in  such 
manner  as  they  may  deem  most  expedient. 


14 

Mr.  GARNER  called  up  the  resolution  of  Mr.  Baxter  in  relation  to 
the  oath  to  be  taken  by  the  members  of  the  Convention,  when  Mr. 
Jones,  of  Lincoln,  offered  the  following  in  lieu,  which  was  accepted 
by  Mr.  Baxter,  and  adopted  by  the  Convention : 

Resolved,  That  the  following  oath  be  administered  to  the  mem- 
bers of  this  Convention,  by  some  Judge  or  Justice  of  the  Peace : 

We,  and  each  of  us,  solemnly  swear  upon  the  Evangelists  of  Al- 
mighty God,  that  we  will  support  the  Constitution  of  the  United 
States,  and  discharge  the  duties  of  delegates  of  this  Convention 
faithfully  and  to  the  best  of  our  ability. 

Resolved,  That  a  similar  oath  be  administered  to  the  officers  of 
this  Convention. 

On  motion  of  Mr.  KENNEDY,  it  was 

Resolved,  That  the  reporters  of  the  newspapers  in  the  city  of 
Nashville  be  invited  to  seats  within  the  bar  for  the  purpose  of  re- 
porting the  proceedings  of  this  Convention. 

On  motion  of  Mr.  CAMPBELL,  it  was 

Resolved,  That  a  committee  of  five  delegates  be  appointed  to  re- 
port permanent  rules  for  the  government  of  this  Convention. 

Resolved,  That  a  committee  of  five  delegates  be  appointed  to  re- 
port upon  credentials  of  members. 

On  motion  of  Mr.  JONES,  of  Lincoln,  it  was 

Resolved,  That  the  President  of  this  Convention  be  authorized  to 
appoint  one  porter  to  serve  this  body. 

Mr.  BROWN,  of  Davidson,  offered  the  following  resolution : 

Resolved,  That  Clay  Roberts,  who  arranged  the  present  hall,  be 
appointed  to  remain  in  charge  of  the  same,  with  instructions  to 
have  the  hall  kept  in  order  and  furnished  with;  all  necessary  fuel, 
stationery,  and  other  supplies,  and  he  shall  receive  the  same  com- 
pensation as  the  Secretary  of  the  Convention. 

On  motion  of  Mr.  BAXTER,  the  resolution  was  laid  on  the  table. 

Mr.  Nicholson  offered  the  following  resolution : 

Resolved,  That  the  following  shall  be  the  Standing  Committees 
to  be  appointed  by  the  President : 

On  the  Legislative  Department, 

On  the  Judicial  Department, 

On  Taxation, 

On  Interest  and  Usury, 

On  Revision, 

On  Enrollments, 

On  Franchise, 

Each  Committee  to  consist  of  nine  members. 

The  resolution  was  laid  over  until  to-morrow. 


15 

The  members  "who  answered  to  their  names — on  the  first  calling  of 
the  roll — were  then  duly  sworn,  in  conformity  with  the  oath  pre- 
scribed, by  P.  "W.  MAXEY,  an  acting  Justice  of  the  Peace  for  the 
County  of  Davidson. 

The  oath  was  also  administered  to  the  President,  the  Secretary, 
Assistant  Secretary,  Door-keeper  and  Messenger,  by  Esquire 
MAXEY. 

On  motion  of  Mr.  BURTON,  the  Convention  adjourned  until  to- 
morrow morning,  10J  o'clock. 


TUESDAY  MORNING,  JANUARY  11,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  SAMPLE,  a  member  of  this  body. 

The  Journal  of  yesterday  was  read,  corrected  and  approved. 

Mr.  KENNEDY  called  up  the  resolution  offered  on  yesterday  by 
Mr.  Nicholson,  in  relation  to  the  Committees,  and  offered  the  fol- 
lowing in  lieu : 

1.  Resohedy  That  the  Bill,  or  Declaration  of  Rights,  be  referred 
to  a  Committee  to  report  to   this   Convention  whether,  in   their 
opinion  any,  and  if  any,  what  amendments  are  proper  and  nec- 
essary. 

2.  Resolved ,  That  the  Legislative  Department,  as  established  by 
the  present  Constitution,  be  referred  to  a  Committee,  to  inquire 
and  report  whether,  in  their  opinion  any,  and  if  any,  what  amend- 
ments are  necessary. 

3.  Resolved,  That  the  Executive  Department  of  the  Government, 
as  established  by  the  present  Constitution,  be  referred  to  a  Com- 
mittee to  inquire  and  report  whether  any,  and  if  any,  what  amend- 
ments are  necessary. 


16 

4.  Resolved,  That  the  Judicial  Department  of  the  Government, 
as  established  by. the  present  Constitution,  be  referred  to  a  Com- 
mittee to  inquire  whether  any,  and  if  any,  what  amendments  are 
necessary. 

5.  Resolved,  That  so  much   of   the  present  Constitution  as  re- 
lates to  elections  and  right  of  suffrage,  be  referred  to  a  Committee 
to  inquire  and  report  whether  any,  and  if  any,  what  amendments 
are  necessary. 

6.  Resolved,  That  all  such  parts  of  the  Constitution  as  are  not 
included  in  and  referred  by  the  foregoing  resolutions,  be  referred  to 
a  Committee  to  inquire  and  report  whether  any,  and  if  any,  what 
amendments  are  necessary  therein. 

7.  Resolved,  That  each  Committee  appointed  under  the  foregoing 
resolutions,  shall  consist  of  eleven  members. 

8.  Resolved,  That  no  original  resolution  offered  to  the  Conven- 
tion, proposing  any  amendment  to  the  Constitution,  or  Declaration 
of  Rights,  be  discussed  on  its  merits  till  it  shall  have  been  referred 
to  the  appropriate  Committee. 

Mr.  BURTON  offered  the  following  amendment,  which  was  ac- 
cepted by  Mr.  Kennedy : 

Resolved,  That  so  much  of  the  Constitution  as  relates  to  questions 
of  finance,  internal  improvements  and  corporations,  both  public  and 
private,  be  referred  to  a  Committee  to  report  whether  any,  and  if 
any,  what  amendments  are  necessary. 

Mr.  HEISKELL  offered  the  following  in  lieu  of  Mr.  Kennedy's 
first  seven  resolutions : 

Resolved,  That  the  Standing  Committees  of  this  Convention  shall 
be  as  follows : 

On  the  Judicial  Department, 

On  the  Legislative  Department, 

On  the  Declaration  of  Rights, 

On  Elections  and  Right  of  Suffrage, 

On  Taxation, 

On  Miscellaneous  Provisions. 

That  these  Committees  shall  take  into  consideration  such  resolu- 
tions as  shall  be  submitted  to  them  by  the  Convention  under  the 
rules  of  the  House. 

On  motion  of  Mr.  HOUSE,  of  Davidson,  Robertson  and  Mont- 
gomery, the  substitute  of  Mr.  Heiskell  was  laid  on  the  table. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  offered 
the  following  amendment : 

Provided,  That  the  Delegate  offering   resolutions,  may,  at   the 


17 

time    of  offering  the  same,  make   a   brief  statement    in    reference 
thereto,  the  same  not  to  exceed  five  minutes  in  length. 

Which  amendment  was  adopted,  and  the  resolutions,  as  amenced, 
were  adopted  by  the  Convention. 

s 
QUORUM. 

On  motion  of  Mr.  WARNER,  it  was 

Resolved,  That  two-thirds  of  the  entire  number  of  Delegates 
elected  to  this  Convention,  shall  constitute  a  quorum  for  the  trans- 
action of  business. 

COMMITTEES   TO  REPORT. 

Hr.  HILL,  of  Warren,  offered  the  following  resolution  : 
Resolved,  That  each  of  said  Committees  is  hereby  instructed  to 

report  fully  on  the  subjects  referred  to  each,  on  or  before  the  20th 

day  of  this  month. 

On  motion  of  Mr.  KEY,  the  resolution  was  laid  on  the  table. 

TOOK  THEIR  SEATS. 

JOHN  M.  TAYLOR,  delegate  from  the  County  of  Henderson, 

H.  R.  BATE,  delegate  from  the  Counties  of  Tipton,  Shelby  and 

Fayette, 

Jos.  H.  BLACKBURN,  delegate  from  the  County  of  DeKalb,  and 
E.  H.  SHELTON,  delegate  from  the  County  of  Tipton,  appeared, 

took  the  oath  required,  and  took  their  seats. 

PERFECTING    ORGANIZATION. 

Mr.  GORDON  offered  the  following  resolution,  which  was  adopted  : 

Resolved,  That  with  a  view  of  perfecting  the  organization  of  this 

Convention,  and  of  economizing  its  labors,  that  this   body  proceed 

at  once  to  the  election  of  a  Second  Assistant  or  Engrossing  Clerk 

of  the  Convention. 

The  PRESIDENT  announced  that  nominations  were  in  order  for 
the  office  of  Second  Assistant  or  Engrossing  Clerk. 

Mr.  GORDON  nominated  W.  S.  Kyle,  of  Hawkins  County. 

Mr.  PORTER  nominated  Y.  N.  Cavitt,  of  Henry  County. 

There  being  no  other  nominations,  the  Convention  proceeded  to 
ballot,  with  the  following  result : 

For  Mr.  KYLE — Messrs.  Allen,  Brown  of  Davidson,  Branson, 
2 


18 

Baxter,  Britton,  Brooks,  Byrne,  Blizard,  Burton,  Coffin,  Chowning, 
Carter,  Dibbrell,  Deaderick,  Dromgoole,  Finley,  Fulkerson,  Fen- 
tress,  Gaut,  Gordon,  Garner,  Henderson,  Hill  of  Warren,  Hill  of 
Gibson,  Heiskell,  House  of  Williamson,  Ivie,  Jones  of  Lincoln, 
Jones  of  Giles,  Kirkpatrick,  Key,  Kennedy,  Kyle,  Martin,  Mabry, 
Morris,  McNabb,  Netherland,  Nicholson,  Porter  of  Hay  wood, 
Parker,  Seay,  Shepard,  Stephens,  Staley,  Sample,  Shelton,  Thomp- 
son of  Davidson,  Thompson  of  Maury,  Williamson,  WTarner,  and 
President  Brown — 62. 

For  Mr.  CAVITT — Messrs.  Brandon,  Brown  of  Henry,  etc.,  Bate, 
Cummings,  Campbell,  Deavenport,  Doherty,  Fielder,  Gardner, 
Gibbs,  House  of  Davidson,  Robertson  and  Montgomery,  McDougal, 
Porter,  of  Henry,  Turner,  Taylor,  Wright,  and  Walters — 17. 

Mr.  KYLE  having  received  a  majority  of  all  the  votes  cast,  was 
declared  duly  elected  Engrossing  Clerk  for  the  present  term  of  this 
Convention,  he  appeared,  took  the  required  oath,  and  entered  upon 
the  discharge  of  his  duties. 

JOHN  E.  BENNETT,  elected  Assistant  Door-keeper  on  yesterday, 
appeared,  was  sworn  in  as  such,  and  entered  upon  the  discharge  ot 
his  duties. 

COMMITTEES. 

The  PRESIDENT  announced  as  the  Committee  on  Permanent 
Rules:  Messrs.  Campbell,  Jones  of  Lincoln,  Netherland,  Baxter, 
and  Porter  of  Henry. 

And  the  Committee  on  Credentials  to  be  Messrs.  House  of  Wil- 
liamson, Williamson,  Britton,  Coffin,  and  Porter  of  Haywood. 


STATIONERY. 

Mr.  JONES,  of  Giles,  offered  the  following  resolution : 

Resolved,  That  the  Secretary  contract  for  such  stationery  as  may 

be  necessary  for  the  use  of  the  Convention,  and  when  procured,  the 

same  shall  be  under  his  care  and  responsibility. 

On  motion  of  Mr.  JONES,  the  rules  were  suspended,  and  the  reso- 
lution adopted. 

COURTESIES. 

Mr.  FRANCIS  B.  Fogg,  of  Davidson,  who  was  a  member  of  the 
Convention  of  1834,  appearing  in  the  lobby,  he  was,  on  motion  of 


19 

Mr.   JDXES,  of  Lincoln,  invited  to  a  seat  within  the   bar  of  the 
House. 

On  motion  of  Mr.  NICHOLSON,  the  privileges  of  the  Hall  were 
extended  to  Mr.  Fogg  during  the  session  of  the  Convention. 

On  motion  of  Mr.  STEPHENS,  the  same  courtesy  was  extended  to 
Judge  West  H.  Humphreys,  of  this  city,  who  was  also  a  member 
of  the  Convention  of  1834,  and  to  all  other  members  of  that  body 
who  may  visit  the  city  during  the  session  of  the  Convention. 

Mr.  GARNER  oifered  the  following  resolution : 

Resolved,  That  the  members  of  the  General  Assembly  of  Ten- 
nessee, the  Governor,  Judges,  and  other  officers  of  the  State  be,  and 
they  are  hereby  invited  to  seats  within  the  bar  of  this  Convention. 

On  motion  of  Mr.  GARNER,  the  rules  were  suspended,  and  the 
resolution  adopted. 

MISCELLANEOUS. 

Mr.  GARNER  offered  the  following  resolution  : 

Resolved,  That  the  Door-keeper  be  and  he  is  hereby  instructed  to 
have  seats  placed  within  and  without  the  bar  of  this  Convention  for 
the  use  of  those  who  may  desire  to  be  present  during  the  sitting  of 
this  body. 

On  motion  of  Mr.  GARNER,  the  rules  were  suspended,  and  .the 
resolution  adapted. 

Mr.  JONES,  of  Lincoln,  offered  the  following  resolution : 
Resolved;  That  the  Committee  on  the  Executive  Department  be 
instructed  to  inquire  into  the  propriety  of  providing  for  the  election 
of  a  Lieutenant-Governor,  who  shall  be  President  of  the  Senate, 
and  who  shall  receive  a  per  diem  during  the  time  he  may  be  actually 
engaged  in  the  discharge  of  his  duties  as  such ;  and  in  case  of 
vacancy  in  the  office  of  Governor,  he  shall  succeed  to  the  discharge 
of  the  Executive  duties. 

On  motion  of  Mr.  BROWN,  of  Davidson,  the  rules  were  suspended, 
and  the  resolution  adopted. 

Mr.  President  BROWN — Mr.  Jones,  of  Lincoln,  in  the  Chair — 
offered  the  following  resolution  : 

RwJccd,  That  until  the  adoption  of  permanent  rules  of  order 
for  the  Convention,  that  the  51st  rule,  adopted  for  our  temporary 
government,  be  and  the  same  is  suspended  in  favor  of  all  resolu- 
tions looking  to  amendments  of  the  Constitution. 


20 

On  motion  of  Mr.  BPXOWN,  the  rules  were  suspended,  and  the 
resolution  adopted. 

AMENDMENTS  PROPOSED. 

Mr.  BROWN,  of  Davidson,  offered  the  following : 
/  'That  Section  26  of  the  Bill  of  Rights  be  so  amended  as  to  read 
;  as  follows :     "  That  all  citizens  of  this  State  have  a  right  to  keep 
\  and  bear  arms  for  their  common  defense." 

That  Section  1  of  Article  IV.  be  so  amended  as  to  read  as  follows, 
viz  :  Every  man  of  the  age  of  twenty-one  years,  being  a  citizen  of 
the  United  States,  and  a  citizen  of  the  County  wherein  he  may  offer 
his  vote  six  months  next  preceding  the  day  of  election,  shall  be  en- 
titled to  vote  for  members  of  the  General  Assembly  and  other 
civil  officers  for  the  County  or  District  in  which  he  resides ;  and 
there  shall  be  no  qualification  attached  to  the  right  of  suffrage  ex- 
cept that  each  voter  shall  exhibit  to  the  Judges  of  Election  where 
he  offers  to  vote,  satisfactory  evidence  that  he  has  paid  his  poll-tax 
then  due  by  him,  without  which  his  vote  cannot  be  received.  And 
all  male  citizens  of  the  State  shall  be  subject  to  the  payment  of  poll- 
tax  and  to  performance  of  military  duty,  within  such  ages  as  may 
be  prescribed  by  law. 

/Which  was  ordered  to  be  referred,  to  the  Judiciary  Committee. 

'Mr.  BROWN,  of  Davidson,  offered  the  following  amendment  to 
the  Constitution  of  the  State  : 

To  Section  29,  Article  II.,  add  :  "  But  the  General  Assembly 
shall  have  no  power  to  pass  laws  for  the  issuance  of  bonds  of  the 
State  for  any  purpose,  or  to  increase  the  indebtedness  of  the  State, 
«  in  any  form,  beyond  the  ordinary  expenditures,  without  the  concur- 
rence of  three-fourths  of  the  members  elect  of  both  Houses.  Nor 
shall  the  General  Assembly  have  power  to  pass  what  is  commonly 
called  omnibus  bills,  or  bills  proposing  to  appropriate  the  credit  of 
the  State  in  the  form  of  bonds  or  otherwise,  to  different  objects, 
and  combined  in  one  bill.  All  laws  passed  in  that  form,  by  what- 
ever vote,  shall  be  utterly  void.  ]STor  shall  the  General  Assembly, 
after  the  present  session,  have  powrer  to  prolong  its  sessions,  at  any 
time,  beyond  the  space  of  sixty  days  from  its  organization." 

Section  28,  Article  II.  Strike  out  the  word  "white"  in  the 
llth  line,  and  add  to  the  end  of  the  Section:  "And  all  revenue 
derived  from  the  tax  on  polls,  peddlers,  and  privileges,  shall  be  set 
apart  and  devoted  exclusively  to  the  payment  of  the  interest  on  the 
public  debt  of  the  State,  and  of  the  debt  itself,  and  when  this  is 
accomplished,  such  revenue  shall  be  then  applied  to  the  use  of 
common  schools  for  ever,  and  for  no  other  purpose." 

Mr.  ARLEDGE  offered  the  following  resolution  : 


21 

Resolved,  That  no  bill  shall  pass  the  Legislature  of  this  State  ex- 
cept upon  its  own  merits,  and  not  connected  with  any  other  bill. 

Mr.  KIRKPATRICK  offered  the  following  resolutions  : 

1st.  Resolved,  That  the  credit  of  this  State  shall  never  be  given 
or  loaned  in  aid  of  any  person,  association,  municipality  or  corpo- 
ration. 

2nd.  That  the  members  of  the  Legislature  shall  receive  for  their 
services  a  sum  nof  exceeding  four  dollars  a  day  from  the  commence- 
ment of  the  session,  but  such  pay  shall  not  exceed  in  the  aggregate, 
two  hundred  and  forty  dollars  for  per  diem  allowance,  except  in  pro- 
ceedings for  impeachment.  The  limitation  as  to  the  aggregate  com- 
pensation shall  not  take  effect  until  after  the  first  Monday  of  Octo- 
ber, one  thousand  eight  hundred  and  seventy-one.  When  convened 
in  extra  session  by  the  Governor  they  shall  receive  four  dollars  per 
day.  They  shall  also  receive  one  dollar  for  every  ten  miles  they 
shall  travel  going  and  returning  from  their  place  of  meeting  on  the 
most  usual  route. 

The  Speakers  of  the  Assembly  shall,  in  virtue  of  their  office,  re- 
ceive an  additional  compensation  equal  to  one-third  of  their  per 
diem  allowance  as  members. 

Mr.  KIRKPATRICK  introduced  the  following  resolutions: 

1st.  Resolved,  That  the  General  Assembly  shall  pass  no  special 
act  conferring  corporate  powers. 

2nd.  Corporations  may  be  formed  under  general  laws,  but  all 
such  laws  may  from  time  to  time  be  altered  or  repealed. 

3rd.  That  dues  from  corporations  shall  be  secured  by  such  indi- 
vidual liability  of  the  stockholders  and  other  means  as  may  be  pre- 
scribed by  law,  but  in  all  cases  each  stockholder  shall  be  liable  over 
and  above  the  stock  owned  by  him  or  her,  and  any  amount  unpaid 
thereon  to  a  further  sum  at  least  equal  in  amount  to  such  stock. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  introduced 
the  following  resolutions : 

1st.  Resolved,  That  the  credit  of  the  State  shall  never  be  given 
or  loaned  in  aid  of  any  person,  association,  municipality  or  corpo- 
ration. 

2nd.  That  the  Legislature  may  contract  debts  to  meet  casual  de- 
ficits or  failures  in  the  revenues,  but  such  debts,  direct  or  contin- 
gent, singly  or  in  the  aggregate,  shall  not  at  any  time  exceed  six 
hundred  thousand  dollars,  and  the  monies  arising  from  loans  creat- 
ing such  debt  shall  be  applied  to  the  purposes  for  which  they  were 
obtained  or  to  pay  such  debts. 

3rd.  No  act  of  the  Legislature  shall  authorize  any  debt  to  be  con- 
tracted on  behalf  of  the  State  except  for  purposes  mentioned  in  the 
foregoing  section  unless  provision  be  made  therein  to  lay  and  collect 
an  annual  tax  sufficient  to  pay  the  interest  stipulated,  and  to  dis- 


22 

charge  the  debt  in  thirty  years ;  nor  shall  such  act  take  effect  until 
it  shall  have  been  submitted  to  the  people  at  a  general  election ,  and 
shall  have  received  a  majority  of  all  the  votes  cast  for  and  against 
it ;  Provided,  that  the  Legislature  may  contract  debts  by  borrowing 
money  to  pay  any  part  of  the  debt  of  the  State,  without  submitting 
the  question  to  the  people,  and  without  making  provision  in  the  act 
authorizing  the  same  for  a  tax  to  discharge  the  debt  so  contracted, 
or  the  interest  thereon. 

/  4th.  No  one  who  does  not  own  at  least  two  hundred  and  fifty  dol- 
/  lars  worth  of  taxable  property  shall  be  entitled  to  vote  in  any  elec- 
\  tion  in  which  the  question  is  submitted  to  a  vote  of  the  people,  of 
\contracting  debts,  or  raising  money  on  behalf  of  the  State,  any  as- 
sociation or  municipality,  or  corporation  whatsoever. 

Mr.  BAXTER  submitted  the  following  amendments  to  the  Consti- 
tution : 

In  lieu  of  the  4th  and  5th  Sections  of  the  Bill  of  Rights,  insert 
the  following  : 

Sec.  4.  That  no  religious  or  political  test,  other  than  an  oath  to 
/support  the  Constitution  of  the  United  States  and  of  this  State, 
I  shall  ever  be  required  as  a  qualification  to  any  office  or  public  trust 
\under  this  State. 

v  Sec.  5.  That  elections  shall  be  free  and  equal,  and  the  right  of 
suffrage,  as  hereinafter  declared,  shall  never  be  denied  to  any  per- 
son entitled  thereto,  except  upon  conviction  by  a  jury  of  some  in- 
famous crime,  previously  ascertained  and  declared  by  law,  and  the 
judgment  thereon  by  a  court  of  competent  jurisdiction." 

Strike  out  the  3.1st  section  of  the  Bill  of  Rights,  and  insert  the 
following : 

Sec.  31.  The  erection  of  safe  and  comfortable  prisons,  the  inspec- 
tion of  prisons,  and  the  humane  treatment  of  prisoners,  shall  be 
provided  for  by  law. 

^  Sec.  32.  That  slavery  and  involuntary  servitude,  except  as  a  pun- 
/  ishment  for  crime,  whereof  the  party  shall  have  been  duly  con- 
v.  victed,  are  forever  prohibited  in  this  State. 

Sec.  33.  The  General  Assembly  shall  make  no  law  recognizing 
the  right  of  property  in  man. 

"  Every  free  man  of  the  age  of  twenty-one  years,  being  a  citizen 
of  the  United  States,  and  a  citizen  of  the  County  where  he  may 
offer  his  vote,  six  months  next  preceding  the  day  of  election,  and 
who  shall  have  paid  one  month  before  the  day  of  election  all  poll 
taxes  legally  due  from  him  for  the  preceding  year,  shall  be  entitled 
to  vote  for  members  of  the  General  Assembly  and  other  civil  officers 
for  the  County  or  District  in  which  he  resides." 

Mr.  PORTER,  of  Hay  wood,  offered  the  following  amendment  to  the 
Constitution  of  the  State : 


23 

"  Resolved,  That  Section  4,  of  Article  II,  shall  be  so  amended  as 
to  read  as  follows : 

The  Governor  shall  hold  his  office  for  four  years,  and  until  a  suc- 
>r  shall  be  elected  and  qualified.     He  shall  not  be  eligible  more 
than  eight  years  in  a  term  of  twelve." 

Resolved,  That  it  be  referred  to  the  proper  .Committee  to  en-" 
quire  into  and  report  upon  the  expediency  of  the  abolition  of  the 
office  of  County  Trustee,  as  provided  in  Article  VII,  Section  1,  of 
the  Constitution. 

Mr.  HEISKELL  offered  the  following  amendments  to  the  Constitu- 
tion : 

Resolved,  Article  I,  Section  4,  ought  to  be  so  amended  that  no 
religious  test  shall  ever  be  required  as  a  qualification  for  any  office 
or  public  trust  under  this  State  or  to  the  exercise  of  voting. 

Nor  shall  any  political  test,  or  any  oath  relating  to  past  time  or 
conduct,  except  the  oath  to  prevent  dueling. 

That  Article  VI,  Section  11,  of  the  Constitution,  requires  to  be 
amended  so  as  to  provide  that  the  Legislature  may  provide  by  law 
for  the  appointment  of  Judges  of  the  Supreme  Court,  in  the  event 
any  Judge  shall  be  unable  for  any  cause  to  attend  or  sit. 

Resolved,  That  so  much  of  Article  II,  Section  28,  as  excepts 
"  merchants,  peddlers  and  privileges  "  from  the  rule  of  equal  taxa- 
tion, is  against  the  theory  and  principle  of  constitutional  law,  as  it 
excepts  a  minority  from  the  protection  of  the  Constitution,  and  the 
same  ought  to  be  amended. 

Mr.  JONES,  of  Giles,  offered  the  following  resolution : 
Resolved,  That  the  Committee  on  the  Legislative  Department  be 
instructed  to  inquire  and  report  whether  it  is  expedient  and  proper 
to  limit  the  duration  of  the  sessions  of  the  Legislature  to  one  hun- 
dred days. 

Mr.  KENNEDY  offered  the  following  resolution  : 

Resolved,  That  the  members  of  the  General  Assembly  shall  not 
receive  per  diem  for  a  longer  period  than  ninety  days  for  a  regular 
session,  and  thirty  days  for  a  called  session  of  the  same. 

Mr.  TURNER  offered  the  following  amendments  to  the  Constitu- 
tion : 

Resolved,  That  Article  II,  Section  8,  of  the  present  Constitu- 
tion, be  so  amended,  commencing  at  the  last  word  of  said  Section 
so  as  to  read  as  follows : 

11  And  their  sessions  shall  not  continue  for  more  than  one  hun- 
dred days  during  its  term  of  office,  unless  it  shall  be  convened  in 
extraordinary  session  by  the  Executive,  and  its  deliberations  shall 
then  be  confined  to  the  subjects  embraced  in  the  message  of  the  Ex- 
ecutive." 


24 

Resolved,  That  Article  IV,  Section  1,  of  the  present  Constitu- 
tution  be  so  amended  as  to  strike  out  the  last  sentence  of  said  Sec- 
tion. 

Mr.  WARNER  offered  the  following  resolution : 

Resolved,  That  the  Legislature  shall  not  make  the  State  debt  ex- 
ceed 5  per  cent,  on  the  taxable  property  of  the  State  after  the  adop- 
tion of  this  Constitution ;  but  this  has  no  reference  to  the  debt 
already  created. 

Mr.  BROWN,  of  Henry,  Carroll,  Gibson  and  Madison,  offered  the 
following  resolutions : 

Resolved,  That  the  General  Assembly  shall  never  authorize  any 
county,  city  or  town  by  vote  of  its  citizens,  or  otherwise,  to  become 
a  stockholder  in  any  joint  stock  company,  corporation  or  associa- 
tion whatever,  or  to  raise  money  for  or  loan  its  credit  to  or  in  aid 
of  any  such  company,  corporation  or  association. 

Resolved,  That  the  bonds  of  the  State  shall  never  be  issued  for  any 
purpose  whatever  except  in  renewal  of  existing  liabilities. 

Mr.  GARDNER  offered  the  following  resolution  : 

Resolved,  That  the  Committee  on  the  Judicial  Department  in- 
quire as  to  the  expediency  of  providing  that  in  case  of  the  incom- 
petency  of  any  Judge  to  try  a  cause  pending  in  his  Court  the  prac- 
ticing Attorneys  present  may  elect  a  special  Judge  to  try  such 
cause.  Also,  when  from  sickness,  or  other  cause,  the  regular  Judge 
is  unable  or  fails  to  attend  to  hold  a  term  of  his  Court,  the  licensed 
lawyers  present  may  elect  a  special  Judge  to  hold  such  term,  who 
shall  be  paid  out  of  the  salary  of  the  regular  Judge. 

On  motion  of  Mr.  BROWN,  of  Davidson,  it  was  ordered  that  the 
foregoing  resolutions  and  proposed  amendments  be  referred  to  the 
respective  Committees  hereafter  to  be  appointed  by  the  President. 

Mr.  GARNER  offered  the  following  resolutions : 

Resolved,  That  the  Committee  on  Elections  and  Right  of  Suf- 
frage be  instructed  to  inquire  into  and  report  what  change,  if  any, 
should  be  made  in  the  Constitution  so  as  to  require  all  voters  to 
vote  in  all  elections  in  the  Civil  District  of  their  residence. 

Resolved,  That  the  Standing  Committee  on  the  Legislative  De- 
partment be  instructed  to  inquire  into  and  report  as  to  the  expe- 
diency of  so  changing  the  Constitution  as  to  limit  the  sessions  oi 
the  Legislature  and  the  per  diem  of  the  members  and  officers  there- 
of to  sixty  days,  at  their  regular  biennial  sessions  ;  and  also  as  to 
the  propriety  of  limiting  the  number  of  .Representatives  in  the 
General  Assembly  to  fifty. 


25 

On  motion  of  Mr.  GARNER,  the  rules  were  suspended,  and  the  re- 
solutions were  adopted,  and  ordered  to  be  referred  to  the  appro- 
priate Committees. 

On  motion  of  Mr.  KENNEDY,  the  House  adjourned  until  to-inor 
row  morning  at  10  o'clock. 


WEDNESDAY  MORNING,  JANUARY  12,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

The  Journal  of  yesterday  was  read  and  approved. 

AMENDMENTS  PROPOSED. 

Mr.  WARNER  offered  the  following  resolution  : 

Resolved,  That  the  Chancery  Court  Clerks  and  Masters  be  elected 
by  the  qualified  voters  of  their  respective  Counties,  and  the  time, 
place  and  manner  of  their  election  and  the  term  of  their  office  be 
the  same  as  the  Circuit  and  County  Court  Clerks. 

Ordered  that  the  resolution  be  referred  to  the  Committee  on  the 
Judiciary. 

Mr.  STALEY  offered  the  following  resolutions  : 

Resolved,  That  the  Judges  of  the  Supreme  Court,  and  the  Judges 
of  the  Circuit  Courts  and  Chancery  Courts,  and  the  Attorney  Gen- 
end  for  the  State,  and  the  Attorneys  General  for  the  several  Judi- 
cial Circuits  in  the  State,  shall  be  nominated,  and  by  and  with  the 
advice  and  consent  of  the  Senate,  appointed  by  the  Governor. 

Resolved,  That  Judges  of  the  Supreme  Court  shall  not  be  less 
than  forty  years  of  age,  and  Judges  of  the  Circuit  and  Chancery 
Courts  shall  not  be  less  than  thirty-five  years  of  age. 

Mr.  STALEY  offered  the  following  resolution  : 

Resolved,  That  Section  1  of  Article  IX  of  the  present  Constitu- 
tion, whereby  Ministers  of  the  Gospel  are  rendered  ineligible  to 
seats  in  the  General  Assembly,  be  abrogated. 


26 

Resolved,  That  Section  1,  of  Article  IV,  be  so  modified  as  to  read 
as  follows : 

Every  male  citizen  of  the  age  of  twenty-one  years  being  a  citizen 
of  the  United  States,  and  a  citizen  of  the  County  wherein  he  may 
offer  his  vote  six  months  next  preceding  the  day  of  election,  shall 
be  entitled  to  vote  for  Governor  and  members  of  the  General  As- 
sembly, and  for  other  civil  officers  for  the  County  or  District  in 
which  he  may  reside. 

Be  it  further  resolved,  That  the  other  two  clauses  of  said  Section 
1,  of  Article  IV,  be  annulled  and  stricken  out. 


TOOK  THEIE  SEATS. 

T.  M.  BURKETT,  Delegate  from  the  Counties  of  Polk,  McMinn 
and  Meigs,  and 

H.  R.  GIBSON,  Delegate  from  the  Counties  of  Anderson   and 
Campbell, 
Appeared,  took  the  oath  required,  and  took  their  seats. 

AMENDMENTS  PEOPOSED. 

Mr.  WARNER  offered  the  following  resolution  : 

Resolved,  That  Article  II,  Section  12,  of  the  Constitution  of  the 
State  of  Tennessee,  be  so  amended,  as  to  insert  the  words  "  of  the 
entire  number,"  between  "  two-thirds  "  and  "  expel." 

Mr.  McDouGAL  offered  the  following  resolution : 
Resolved,  That  the  Committee  on  the  Legislative  Department  in- 
quire into  the  expediency  of  striking  out  the  1st  Section  of  Article 
IX,  of  the  Constitution,  which  disqualifies  Ministers  of  the  Gospel 
of  any  denomination  whatever,  to  be  members  of  either  House  of 
the  Legislature. 

Mr.  JONES,  of  Lincoln,  offered  the  following  resolution,  which  was 
adopted : 

Resolved,  That  the  Committee  on  the  Legislative  Department  in- 
quire into  the  propriety  of  providing  for  the  pardoning  of  persons 
convicted  in  impeachments. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  offered  the 
following  as  an  amendment  to  the  Constitution  : 

Strike  out  Section  4,  Article  III,  and  insert,  "  The  Governor  shall 
hold  his  office  for  four  years,  and  until  his  successor  is  elected  and 
qualified,  and  shall  be  ineligible  to  re-election." 

Add  the  following  as  an  independent  section  to  said  Article : 


27 

"  Every  bill  which  may  pass  both  Houses  of  the  General  Assem- 
bly, shall,  before  it  becomes  a  law,  be  presented  to  the  Governor  for 
his  signature,  if  he  approve  he  shall  sign  it,  and  the  same  shall  be- 
come a  law ;  but  if  he  refuse  to  sign  it,  he  shall  return  it  with  his 
objections  thereto  in  writing,  to  the  House  in  which  it  originated, 
and  said  House  shall  cause  said  objections  to  be  entered  at  large 
upon  their  Journals,  and  proceed  to  reconsider  the  bill.  If,  after 
such  reconsideration,  a  majority  of  all  the  members  elected  to  that 
House,  shall  agree  to  pass  the  bill,  notwithstanding  the  objections  of 
the  Executive,  it  shall  be  sent  with  said  objections  to  the  other 
House,  by  which  it  shall  be  likewise  reconsidered.  If  approved  by 
a  majority  of  the  whole  number  elected  to  that  House,  it  shall  be- 
come a  law ;  the  votes  of  both  Houses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  all  the  members  voting  for  or  against 
the  bill,  shall  be  entered  upon  the  Journals  of  their  respective 
Houses.  If  the  Governor  shall  fail  to  return  any  bill  with  his  ob- 
jections within  five  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  become  a  law  without  his  signature  ; 
unless  the  General  Assembly,  by  their  adjournment,  prevent  its  re- 
turn, in  which  case  it  shall  not  become  a  law. 

Every  joint  resolution  or  order  (except  on  questions  of  adjourn- 
ment) shall  likewise  be  presented  to  the  Governor  for  his  signature, 
and  before  it  shall  take  effect  shall  receive  his  signature,  and  on 
being  disapproved  by  him  shall  In  like  manner  be  returned  with 
his  objections,  and  the  same,  before  it  shall  take  effect,  shall  be  re- 
passed  by  a  majority  of  all  the  members  elected  to  both  Houses,  in 
the  manner  and  according  to  the  rules  prescribed  in  case  of  a  bill. 

Mr.  HEISKELL  offered  the  following  resolution : 

Resolved,  That  the  Legislature  shall  have  no  power  to  restrict  the 
rights  of  parties  to  contract  for  a  rate  of  interest  not  exceeding  ten 
per  cent.  pej?  annum  on  money  actually  loaned. 

Mr.  SEAY  introduced  the  following  resolution  : 

Resolved,  That  the  Constitution  be  amended  so  that  new  Counties 
may  be  established  by  the  Legislature,  to  consist  of  not  less  than 
two  hundred  square  miles,  and  to  contain  a  population  of  three 
hundred  and  fifty  voters ;  no  line  of  such  County  shall  approach  the 
Court-house  of  any  old  County  from  which  it  may  be  taken  nearer 
than  eight  miles,  and  no  part  of  a  County  shall  be  taken  to  form 
such  County  or  a  part  thereof^  without  a  majority  of  the  qualified 
voters  in  such  part  taken  off  shall  consent.  And  where  an  old 
County  may  be  reduced  for  the  purpose  of  forming  a  new  one,  the 
area  of  said  old  County  shall  not  be  reduced  to  less  than  three  hun- 
dred and  fifty  square  miles. 

Mr.    SEAY   introduced  the   following    resolutions,   which 
adopted : 


28 

1st.  Resolved,  That  a  Committee  of  seven  be  appointed  upon  the 
subject  of  New  Counties  and  changing  County  Lines,  to  take  into 
consideration  the  sections  of  the  present  Constitution  embracing 
said  subjects,  and  report  to  this  Convention,  whether  any,  and  if 
any,  what  amendments  or  changes  are  necessary  therein. 

2nd.  That  all  memorials  and  petitions  upon  said  subjects,  and  all 
resolutions  submitted  to  this  Convention  proposing  amendments  or 
changes  of  said  sections  of  the  Constitution  be  referred  to  said  Com- 
mittee, under  the  rule  heretofore  adopted  by  this  Convention. 

Mr.  THOMPSON,  of  Davidson,  offered  the  following  resolution  : 
Be  it  resolved,  That  Section  6,  of  Article  II,  be  amended  by  words 
to  the  following  effect :  All  debts  created  by  operation  of  law,  and 
all  judgments  shall  bear  interest  at  the  rate  of  six  per  centum  per 
annum.  But  the  Legislature  shall,  have  no  power  to  restrict  by  law 
the  rate  of  interest  which  may  be  stipulated  in  writing  to  be  paid 
for  the  use  of  money  loaned  in  cash,  at  the  time  of  the  execution  of 
the  written  agreement.  Provided,  That  at  the  maturity  of  every 
debt  evidenced  by  writing,  the  debtor,  in  person  or  by  Attorney 
may  confess  judgment  thereon  in  open  court  in  favor  of  the  named 
payee  for  the  use  of  the  party  entitled. 

Resolved,  Every  citizen  having  a  claim  against  the  State  may  pur- 
sue his  claim  to  a  judgment  by  the  same  judicial  remedies,  and  in 
the  same  courts  as  those  in  and  by  which  claims  against  citizens  are 
reduced  to  judgments. 

Mr.  HEISKELL  offered  the  following  resolution  : 
Resolved,  That  the  rights  and  privileges  of  the  municipal  corpo- 
rations of  this  State  shall  not  be  infringed,  or  their  charters  changed 
by  the  Legislature  without  their  consent. 

Mr.  HENDERSON  introduced  the  following  resolution : 

Resolved,  That  the  Committee  on  the  Legislative  Department  be 

instructed  to  report  whether  the  power  of  the  Legislature  to  lay 

taxes  should  be  limited,  and  to  what  amount. 

Mr.  DROMGOOLE  introduced  the  fallowing  resolution : 

1st.  Resolved,  That  no  power  in  this  State  shall  ever  solemnize  or 
make  lawful  the  rites  of  matrimony  between  white  and  colored 
people. 

2d.  Resolved,  That  the  regular  rate  of  interest  in  this  State  shall 
be  six  per  cent,  per  annum,  but  on  all  notes  or  obligations,  given 
for  money  actually  loaned,  and  so  stated  in  the  face  of  the  instru- 
ment, if  not  paid  within  twenty  days  after  maturity,  or  if  collected 
by  suit,  eight  per  cent,  per  annum  shall  be  computed. 

8d.  Resolved,  That]  there  shall  be  five  Supreme  Judges  in  this 
State,  and  that  their  residence  shall  not  be  confined  to  any  particu- 
lar grand  division  of  the  State. 


29 


FEINTING  FOR  THE  CONVENTION. 

Mr.  KENNEDY  introduced  the  following  resolution : 
licxohed,  That  the  Printers  of  the  General  Assembly  be  and  they 
are  hereby  made  and  constituted  the  Printers  for  this  Convention, 
upon  the  same  terms  and  contract  as  now  exists  between  them  and 
the  General  Assembly. 

AMENDMENTS  PROPOSED. 

Mr.  CAMPBELL,  offered  the  following  resolution  : 
Resolved,  "  That  this  Government  was  made  for  the  white  man 
and  his  posterity  forever." 

And  that  Section  1,  Article  IV,  of  the  Constitution  of  Tennessee, 
be  so  amended  as  to  read  :  "  Every  free  white  man  of  the  age  of 
twenty -one  years,  being  a  citizen  of  the  County  wherein  he  may 
offer  his  vote  six  months  next  preceding  the  day  of  election,  shall 
be  entitled  to  vote  for  members  of  the  General  Assembly  and  other 
civil  officers  for  the  County  or  District  in  which  he  resides. 

On  motion  of  Mr.  CAMPBELL,  the  foregoing  resolutions  were 
referred  to  the  Committee  on  Franchise. 

Mr.  MARTIN  offered  the  following  resolution,  whichwas  read  and 
referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  no  member  of  the  Legislature  shall  receive  com- 
pensation only  for  such  time  as  he  may  be  present  in  his  seat  attend- 
ing to  his  duties. 

THE  DIVINE  BLESSING. 

Mr.    FENTRESS   offered   the    following   resolution,   which   was 
adopted  under  a  suspension  of  the  rules : 

Resolved,  That  a  Committee  of  three  be  appointed,  whose  duty  it 
shall  be  to  inform  the  resident  Clergy  of  this  city,  of  all  denomina- 
tions, of  the  desire  of  this  body  that  some  one  of  them  should  be 
present  and  invoke  the  Divine  blessing  upon  the  deliberations  of 
this  House,  for  each  day. 

And  thereupon  the  President  appointed  Messrs.  Fentress,  Thomp- 
son of  Davidson,  and  Stephens,  said  Committee. 

AMENDMENTS  PROPOSED. 

Mr.  STEPHENS  introduced  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  the  Judiciary : 


30 

Resoh-ed,  That  the  Clerks  of  the  Supreme  Courts  shall  be  elected 
by  the  qualified  voters  of  their  respective  divisions,  for  the  term  of 
six  years. 

Mr.  PORTER,  of  Haywood,  introduced  the  following  resolution, 
which  was  read  and  referred  to  the  Legislative  Department. 

Resolved,  That  Section  7,  of  Article  II,  of  the  Constitution,  under 
the  head  of  Legislative  Department,  be  so  amended  as  to  lengthen 
the  membership  of  the  lower  branch  of  the  Legislature  from  two 
to  four  years,  and  the  Senate  from  two  to  eight  years.  Further, 
that  this  be  referred  to  the  Committee  on  said  Department  for  con- 
sideration and  action. 

Mr.  PORTER,  of  Hay  wood,  offered  the  following  resolution,  which 
was  referred  to  the  Committee  on  Finance  : 

Resolved,  That  a  reference  be  had,  to  the  proper  Committee,  to 
take  into  consideration  and  report  upon  the  expediency  of  requiring 
the  Sheriffs  of  the  Counties,  excepting  the  Counties  of  Knox,  David- 
son, and  Shelby,  to  collect  and  pay  over  the  State  and  County  taxes. 
Mr.  WILLIAMSON  introduced  the  following  resolutions,  which  were 
read  and  referred  to  the  Committee  on  Franchise  : 
/    Resolved,  That  no  well  organized  Government  has   or  can  ever 
/  exist  where  the  political  power  is  divided  between  men  of  different 
/   races ;  that  all  social  and  natural  society,  in  its  inception,  was  pre- 
dicated upon  the  instinct  of  race  or  kind,  and  that  not  only  men, 
\    but  the  lower  order  of  animals,  and  even  the  small  insects,  are  con- 
V  trolled  by  the  same  great  natural  law. 

Resolved,  That  any  voluntary  departure  from  this  law  of  natural 
existence  should  only  be  made  after  the  gravest  deliberation. 
>^    Resolved,  That  the  Committee  on  Franchise  be  directed  to  report 
f  an  amendment  to  the  Constitution  of  Tennessee  restricting  the  right 
\  of  suffrage  to  white  men  only. 

Mr.  MARTIN  introduced  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  Franchise : 

Resolved,  That  no  man  shall  be  eligible  to  an  office  of  honor,  trust, 
or  profit,  in  this  State,  whether  such  office  be  elective  or  conferred 
by  appointment,  unless  he  shall  have  been  a  citizen  of  the  State  of 
Tennessee  for  three  years,  and  of  the  County  in  which  he  may  re- 
side one  year  next  before  election  or  appointment. 

Mr.  BRANSON  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  Constitution  be  so  amended  as  to  allow  each 
and  every  County  in  this  State,  having  as  many  as  one  thousand 
qualified  voters,  to  have  a  Representative  in  the  lower  branch  of 
the  State  Legislature. 


31 

Mr.  I  VIE  offered  the  following  resolution,  which  was  also  read 
and  referred  to  the  Committee  on  Franchise : 

Resolved,  That  Section  1,  Article  IV,  of  the  present  Constitution 
be  amended  so  as  to  read  as  follows :  "  That  all  male  citizens  of 
the  age  of  twenty-one  years,  being  a  citizen  of  the  United  States, 
and  a  citizen  of  the  County  wherein  he  may  offer  his  vote  six 
months  next  preceding  the  day  of  election,  shall  be  entitled  to  vote 
for  members  of  the  General  Assembly  and  other  civil  officers,  for 
the  County  or  District  in  which  he  resides,  but  shall  in  all  cases  be 
required  to  vote  in  the  Civil  District  or  Ward  in  which  he  resides, 
unless  otherwise  authorized  by  law. 

Mr.  KEY  offered  the  following  resolution,  which  was  read  and 
referred  to  the  Judiciary  Committee  : 

Resolved,  That  the  Committee  on  the  Judiciary  be  instructed  to 
report  whether  any  modifications  and  changes  of  the  present  organic 
law  establishing  the  judicial  system  of  the  State  are  required  for  the 
public  good,  and  if  so,  what  changes  or  system  will  best  secure  the 
ends  of  justice,  and  a  speedy  and  impartial  trial  of  causes  before,  or 
which  may  be  brought  before  the  Court. 

Mr.  BLIZARD  offered  the  following  resolutions,  which  were  read 
and  referred  to  the  Committee  on  the  Judiciary  : 

Resolved,  That  the  Judges  of  the  Supreme  Court,  and  of  the 
Circuit  and  Chancery  Court,  and  the  Attorney  General  and  Re- 
porter for  the  State,  and  the  District  Attorneys  and  Clerks  of  the 
Circuit  and  Chancery  Courts  shall,  after  the  adoption  of  this  Con- 
stitution, be  elected  by  the  qualified  voters  of  the  State  of  Ten- 
nessee, in  the  following  manner: 

1st.  The  Judges  of  the  Supreme  Court  and  Attorney  General  and 
Reporter  shall  be  elected  by  the  qualified  voters  of  the  State  at 
large. 

2d.  The  Judges  of  the  Circuit  and  Chancery  Courts  shall  be 
elected  by  the  qualified  voters  of  their  respective  Circuits  and  Dis- 
tricts or  Divisions. 

3rd.  The  Clerks  of  the  Circuit,  and  the  Clerks  and  Masters  of  the 
Chancery  Courts,  shall  be  elected  by  the  qualified  voters  of  their 
respective  Counties. 

4th.  That  the  Judges  of  the  Supreme  Court,  and  Chancellors  and 
Circuit  Judges  of  this  State,  shall  hold  their  offices  for  two  years 
from  the  date  of  their  qualification,  and  shall  be  ineligible  to  the 
same  office  for  the  second  term. 

Mr.  BROWN,  of  Henry,  Caroll,  Gibson  and  Madison,  offered  the 
following  resolution,  which  was  referred  to  the  Committee  on  Fran- 
chise : 

Resolved,  That  Section  1,  of  Article  IV,  of  the  Constitution  of 


32 

Tennessee  be  so  amended  as  to  read  :  "  Every  free  white  man  of 
the  age  of  twenty-one  years,  being  a  citizen  of  the  United  States, 
and  a  citizen  of  the  County  wherein  he  may  offer  his  vote  six 
months  next  preceding  the  day  of  election,  shall  be  entitled  to  vote 
for  members  of  the  General  Assembly  and  other  civil  officers  for 
the  County  or  District  in  which  he  resides.  Provided,  He  has  paid 
all  poll-taxes  legally  due  from  him  for  the  year  next  preceding  that 
in  which  he  shall  oifer  his  vote." 

Mr.  FENTRESS  offered  the  following  resolutions,  which  were  read 
and  referred  to  the  Committee  on  Franchise  : 

Resolved,  That  the  white  man  is  and  ought  to  be  the  controller  of 
the  political  affairs  of  the  State,  and  that  any  attempt  to  incorporate 
in  the  body  politic  laws  compelling  or  authorizing  social  or  politi- 
/  cal  equality  of  the  negro  with  the  white  man,  being  contrary  to 
truth,  is  dangerous  to  the  peace  and  prosperity  of  the  Government 
and  the  general  good,  and  has  a  tendency  to  create  estrangement 
and  ill-will  between  the  races. 

Resolved,  That  no  law  shall  be  made  authorizing  or  making  legal 
marriages  between  the  negro  and  the  white  race,  or  authorizing  the 
negro  to  hold  office  or  sit  on  juries. 

Mr.  BROOKS  offered  the  following  resolution,  which  was  referred 
to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  Constitution  be  so  amended  as  that  the  mem- 
bers of  the  General  Assembly  shall  be  elected  for  a  term  of  four 
years,  and  to  be  restricted  to  one  session  of  not  more  than  one  hun- 
dred and  twenty  days  in  such  four  years,  except  in  cases  of  emer- 
gency, when  the  Governor  shall  have  power  to  convene  the  Legis- 
lature in  special  session  for  a  term  of  not  more  than  thirty  days 
for  such  special  session. 

Mr.  BROOKS  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  New  Counties  and  County  Lines : 

Resolved,  That  the  Constitution  be  so  amended  as  to  allow  new 
Counties  to  be  formed ;  Provided,  The  same  can  be  done  without  re- 
ducing the  old  Counties  out  of  which  the  same  shall  be  formed,  be- 
low five  hundred  square  miles ;  Provided  further,  That  the  line  of  a 
new  County  shall  not  approach  the  County  seat  of  any  old  County 
nearer  than  ten  miles ;  and  that  three  hundred  square  miles  of  ter- 
ritory shall  be  required  to  form  a  new  County,  and  shall  contain 
four  hundred  qualified  voters.  Provided  further,  That  the  County 
seat  of  an  old  County  shall  not  be  moved  without  the  concurrence 
of  two-thirds  of  both  branches  of  the  Legislature. 

Mr.  DIBBRELL  offered  the  following  resolution,  which,  under  a 
suspension  of  the  rules,  was  adopted. 

Resolved,  That  the  Door-keeper  be  required  to  purchase  a  water- 


33 

urn   for  the  use  of   the  Hall,  and  also  a  letter-box  and  a  delivery- 
box. 

Mr.  FULKERSON  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  no  Minister  of  the  Gospel  shall  cease  his  work  of 
love  and  mercy  by  holding  any  office  whatever  in  the  gift  of  the 
people. 

Mr.  BURTON  offered  the  following  resolution,  which  was  read  and 
referred  to  the  Committee  on  the  Legislative  Department : 

Resolved ,  That  every  law  enacted  by  the  Legislature  shall  em- 
brace but  one  subject  or  object,  and  that  it  shall  be  distinctly,  ex- 
pressed in  its  title.  No  law  shall  be  revised  or  amended  by  refer- 
ence to  its  title,  but  in  such  case  the  act  revised  or  amended  shall  be 
re-enacted  and  published  at  length. 

Mr.  IVIE  offered  the  following  resolution,  which  was  read  and  re- 
ferred to  the  Committee  on  Franchise  : 

/^Resolved,  That  Section  twenty-eight  (28)-,  Article  second  (2),  be 
/amended  by  striking  out  the  word  "  slave "  between  the  ages  of 
'  twelve  and  forty  years,  in  the  second  line.  Also  by  striking  out 
ythe  word  "  white  "  before  the  word  "  poll." 

Mr.  DOHERTY  offered  the  following  resolution,  which  was  read  and 
referred  to  the  Committee  on  Finance  and  Internal  Improvements  : 

Be  it  resolved,  That  the  Constitution,  .be  so  -amended  that  the 
State  shall  not  be  a  stock-holder  in  any  enterprise  with  private  per- 
sons or  other  corporations. 

Mr.  BRANSON  offered  the  following  resolution,  which  was  referred 
to  the  Committee  on  Franchise.: 

Resolved,  That  every  free  man,  of  .the.  age  of  twenty-one,  being  a 
citizen  of  the  United  States,  and  a  citizen  of  the  county  wherein  he 
may  offer  his  vote,  six  months  preceding  the  day  of  election,  shall 
be  entitled  to  votefcfbr  members  of  the  General  Assembly  and  other 
civil  officers  for  the  County  or  District  in  which  he  may  reside. 

Mr.  THOMPSON,  of  Davidson,  offered  the  following  amendment- 
to  the  Constitution,  which  were  read  and  referred  to  the  Commit- 
tee on  the  Legislative  Department : 

Be  it  resolved.  That  Section  18,  Article  II,  should  be  amended 
by  words  to  the  following  effect :  "  No  bill  shall  embrace  more 
than  one  subject,  which  shall  be  clearly  expressed  in  ihe  title,  and 
no  law  shall  be  revised  or  amended  unless  the  new  act  contain  the 
entire  act  revised,  or  the  section  or  sections  as  amended,  and  .the 
section  or  sections  so  amended  shall  be  repealed.  ' 
3 


34 

"  If  any  subject  shall  be  embraced  in  an  act,  but  not  expressed  in 
the  title  thereof,  such  act  shall  be  void  only  as  to  so  much  of 
the  subject  matter  thereof  as  is  not  expressed  in  the  title." 


ORDER  OF  BUSINESS. 

Mr.  GIBSON  offered  the  following : 

As  soon  as  the  Journal  is  read  and  approved,  the  President  shall, 
through  the  Clerk,  call :  1st,  For  petitions,  memorials  and  resolu- 
tions— calling  the  delegates  in  alphabetical  order.  2nd,  For  re- 
ports from  Standing  Committees ;  and  3rd,  For  reports  from  Special 
Committees. 

On  motion  of  Mr.  GIBSON  the  rules  were  suspended  and  the  re- 
solution adopted. 

AMENDMENT  PROPOSED. 

Mr.  TAYLOR  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Executive  Department : 

Resolved,  That  the  Committee  upon  the  Executive  Department 
of  Government,  be  instructed  and  required  to  report  whether  or  not 
the  Constitution  should  be  so  amended  as  to  submit  the  election  of 
Secretary  of  State,  Treasurer  and  Comptroller,  to  a  direct  vote  of 
the  people. 

PRINTING  FOR  THE  CONVENTION. 

Mr.  GARNER  offered  the  following  resolution  : 

Resolved,  That  a  committee  of  five  be  appointed  to  inquire  into 
and  report  as  to  the  best  mode  of  having  such  printing  done,  as 
either  already  has  or  may  hereafter  be  ordered  by  this  body. 

On  motion  of  Mr.  GARNER,  the  rules  were  suspended  and  the 
resolution  adopted. 

The  President  thereupon  appointed  Messrs.  GARNER,  HELSKELL, 
KENNEDY,  MABRY  and  CARTER,  as  said  Committee. 
\ 

AMENDMENTS  PROPOSED. 

Mr.  GIBBS  offered  the  following  resolutions,  which  were  read  and 
referred  to  the  Committee  on  New  Counties  and  County  Lines : 

Resolved,  That  Section  4  of  Article  X  of  the  present  Constitu- 
tion be  so  amended  as  to  read  as  follows :  "  New  Counties  may  be 
established  by  the  Legislature,  to  consist  of  not  less  than  three  hun- 
dred square  miles  of  territory,  and  to  contain  not  less  than  five  hun- 


S5 

dred  qualified  voters.  No  part  of  a  county  sliall  be  taken  off  to 
form  a  new  county,  or  a  part  thereof,  without  the  consent  of  a  ma- 
jority of  the  qualified  voters  in  such  part  taken  off;  nor  shall  such 
old  county  be  so  reduced  therefor  to  less  than  four  hundred  square 
miles:  Provided,  however.  That  the  present,  or  any  succeeding  Le- 
gislature, may  establish  a  new  county  out  of  that  portion  of  Obion 
County,  lying  west  of  low  water  mark,  on  the  west  bank  of  Reel- 
foot  Lake,  with  a  less  territory  than  three  hundred  square  miles, 
and  less  than  five  hundred  qualified  voters. 

Mr.  DIBBRELL  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Finance  and  Incorporations : 

Resolved,  That  the  Legislature  shall  have  no  power  to  pass  laws 
chartering  towns  and  cities,  or  private  companies,  unless  theStft?  of 
Tennessee  shall  be  a  stock-holder  in  said  company ;  but  may,  by 
appropriate  legislation,  give  the  various  Courts  of  Record  of  this 
State  power  to  grant  such  charters  and  incorporations. 

Mr.  THOMPSON,  of  Davidson,  offered  the  following  resolution, 
which  was  read  and  referred  to  the  Committee  on  Franchise : 

Be  it  resolved,  That  Section  1  of  Article  IV  of  the  Constitution 
be  so  amended  as  to  omit  the  word  "  white ;"  and  also  be  amended 
by  adding  the  following  words :  "  Provided,  That  no  citizen  shall 
be  entitled  to  a  vote  at  a  State  election  who  has  not  paid  in  full  all 
of  his  State  taxes  due  on  the  1st  of  January  preceding  said  State 
election ;  and  no  citizen  shall  be  entitled  to  vote  in  a  County  elec- 
tion who  has  not  paid  in  full  all  of  his  County  taxes  due  on  the  1st 
of  January  preceding  said  County  election. 

Mr.  SAMPLE  offered  the  following  resolutions,  which  were  read 
and  referred  to  the  Committee  on  Franchise: 

Resolved,  That  every  male  person  having  arrived  at  the  age  of 
twenty-one  years,  and  having  not  forfeited  his  right  by  crime,  being 
a  citizen  of  the  United  States,  and  a  citizen  of  the  County  for  six 
months  previous  to  the  day  of  election,  shall  be  entitled  to  vote, 
without  regard  to  race  or  color. 

Resolved,  That  no  hymenial  contract  or  amalgamation  between  \ 
the  white  and  colored  race  shall  ever  be  countenanced  or  tolerated 
by  law  in  the  State  of  Tennessee. 

Mr  KENNEDY  offered  the  following  resolutions,  which  were  read 
and  referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  Senate  shall  be  elected  for  four  years,  one- 
half  biennially. 

Resolved,  That  the  power  of  the  Legislature  to  impose  taxes 
ought  to  be  so  limited  as  to  prohibit  the  imposition  on  property, 
either  real  or  personal,  of  any  other  than  an  ad  valorem  tax ;  and 
that  in  apportioning  this  tax  either  for  State,  County  or  Municipal 


36 

purposes,  real  estate  and  all  the  other  visible  property  of  each  in- 
dividual should  be  valued  and  taxed  at  their  value:  Provided,  how- 
ever, 'That  household  furniture  to  the  value  of  five  hundred  dollars, 
and  farming  utensils  to  the  value  of  five  hundred  dollars,  shall  be 
exempt  from  taxation. 

Mr.  FENTRESS  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Franchise  : 

Resolved,  That  Section  1  of  Article  IV  of  the  Constitution  of 
Tennessee  be  so  amended  as  to  read,  "  Every  free  white  man  of 
the  ao~e  of  twenty-one  years,  being  a  citizen  of  the  United  States, 
and  a  citizen  of  the  County  wherein  he  may  offer  his  vote,  twelve 
months  next  preceding  the  day  of  election,  shall  be  entitled  to  vote 
for  members  of  the  General  Assembly  and  other  civil  officers  for 
the  County  or  District  in  which  he  resides. 

Mr.  SAMPLE  offered  the  following  resolutions,  which  were  read 
and  referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  Legislature  be  limited  in  their  sessions  to 
sixty  days,  and  after  that  length  of  time  if  they  continue  longer, 
that  they  remain  on  their  own  expense.  At  a  call  session,  thirty 
days,  and  no  longer. 

Resolved,  That  the  1st  Section  of  the  9th  Article  be  stricken  out 
entirely,  and  the  following  be  inserted  in  lieu  thereof:  "  That  Min- 
isters of  the  Gospel,  if  elected  by  the  qualified  voters  of  their 
County  or  District  in  which  they  may  reside,  shall  be  admitted  to 
take  a  seat  in  either  House  of  the  Legislature  as  a  member  of  the 
same. 

Resolved,  That  the  following  words  be  added  in  2nd  Section, 
9th  Article,  after  the  words,  "  No  person  denying  the  existence  of 
a  God,"  shall  be  added,  "  or  the  divinity  of  Jesus  Christ,  or  a 
future  state  of  rewards  and  punishment,"  etc. 

Mr.  HOUSE,  of  )Villiamson,  offered  the  following  resolution, 
which  was  read  and  referred  to  the  Committee  on  the  Legislative 
Department : 

Resolved,  That  Section  2  of  Article  V  be  so  amended  as  to  read 
as  follows  :  "  That  the  Senate  shall  have  sole  power  to  try  impeach- 
ments. When  sitting  for  that  purpose  the  members  shall  be  upon 
oath  or  affirmation,  and  shall  be  presided  over  by  one  of  the  Judges 
of  the  Supreme  Court,  selected  for  that  purpose  by  viva  voce  vote  of 
the  Senate,  and  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  Senate,  sworn  to  try  the  officer  im- 
peached. 

Mr.  THOMPSON,  of  Davidson,  offered  the  following  resolution, 
which  was  referred  to  the  Committee  on  the  Judicial  Department : 


37 

Be  it  resolved,  That  Section  13  of  Article  VI  of  the  Constitution 
be  amended  by  words  to  the  following  effect :  "  Every  Clerk  of  a 
Court  of  Record  shall  be  appointed  by  the  Judge  or  Judges  thereof, 
to  hold  office  for  a  term  of  six  years.  But  all  Clerks  who  are  in 
office,  or  elected  to  office  at  the  date  of  the  organization  of  the  Gov- 
ment  under  the  new  Constitution,  shall  be  entitled  to  hold  their  of- 
fices respectively  until  the  full  end  and  term  of  the  period  for 
which  they  are  so  elected, 

Mr.  MORRIS  offered  the  following  resolution,  which  was  referred 
to  the  Committee  on  the  Judiciary  : 

Resolved,  That  the  Constitution  be  so  amended  as  to  make  the 
Clerks  and  Masters  of  the  Chancery  Courts  elective  by  the  people 
at  the  same  time  and  for  the  same  length  of  time  as  the  Chancel- 
lors ;  that  the  Clerks  of  the  Circuit  Courts  be  elected  by  the  people 
at  the  same  time  and  for  the  same  length  of  time  as  the  Judges  of 
the  Circuit  Courts. 

Mr.  BROWN,  of  Davidson,  offered  the  following  resolution,  which 
was  read  and  referred  to  the  Committee  on  the  Judiciary : 

Resolved,  That  Section  2  of  Article  VI  shall  be  so  amended  as 
to  read :  "  The  Supreme  Court  shall  be  composed  of  six  Judges, 
two  of  whom  shall  reside  in  each  of  the  Grand  Divisions  of  the 
State ;  they  shall  be  nominated  by  the  Governor  to  the  Senate,  and 
by  that  body  confirmed,  and  such  confirmation  shall  require  two- 
thirds  of  all  the  Senators  elect ;  and  if,  upon  three  successive  nomi- 
nations, the  Senate  should  fail  to  concur,  thereupon  the  Governor 
shall  issue  his  proclamation,  fixing  a  day  for  an  election  by  the  peo- 
ple, to  be  conducted  as  now  provided  by  law.  When  said  Judges 
are  so  elected,  they  shall  be  commissioned  and  qualified  as  at  pre- 
sent. Three  of  said  Judges  shall  be  assigned  to  try  cases  upon  the 
Law  Docket,  and  three,  cases  upon  the  Chancery  Docket. 

The  jurisdiction  of  this  Court  shall  be  appellate  only,  as  at  pre- 
sent: Provided,  It  shall  have  original  jurisdiction  to  hear  and  de- 
termine all  questions  involving  merely  the  constitutionality  of  any 
act  of  the  General  Assembly.  Also,  all  questions  touching  the  of- 
ficial duty  or  powers  of  any  officer  of  the  State  Government.  Such 
cases  shall  be  presented  by  petition  under  such  rules  and  regulations 
as  may  be  prescribed  by  the  Court  so  as  to  insure  a  speedy  trial,  and 
when  exercising  such  original  jurisdiction,  all  of  said  Judges  shall 
preside  upon  the  trial ;  and  in  case  of  a  tie,  notice  shall  be  given  to 
the  Governor,  who  shall  appoint  some  one  learned  in  the  law,  to  sit 
with  the  other  Judges  to  hear  and  determine  the  question.  The 
-alaries  of  the  Judges  shall  be  as  prescribed  by  law,  and  the  Court 
shall  be  held  at  one  place  only  in  each  of  the  Grand  Divisions  of 
the  State. 


38 

Mr.  IVIE  offered  the  following  resolution,  which  was  read  and 
referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  Section  23  of  Article  II  of  the  present  Constitu- 
tion shall  be  so  altered  and  amended  as  to  read  as  follows  : 

"  The  sum  of  four  dollars  per  day,  and  four  dollars  for  every 
twenty-four  miles  traveling  to  and  from  the  seat  of  Government, 
shall  be  allowed  to  the  members  of  the  First  General  Assembly  as 
a  compensation  for  their  services.  The  compensation  of  the  mem- 
bers of  the  succeeding  Legislature  shall  be  ascertained  by  law,  but 
in  no  case  shall  the  per  diem  compensation  for  any  one  session  ex- 
ceed the  sum  of  three  hundred  and  sixty  dollars  ($360  00),  which 
shall  be  paid  in  such  funds  as  the  Collectors  of  Revenue  are  author- 
ized by  law  to  receive  in  payment  of  the  State  taxes.  But  no  law 
increasing  the  compensation  of  members  shall  take  effect  until  the 
commencement  of  the  next  regular  session  after  such  law  shall  have 
been  enacted. 

REPORT  ON  RULES. 

Mr.  CAMPBELL  from  the  Committee  appointed  to  draft  rules  and 
regulations  for  the  Convention,  reported  the  following,  to-wit : 

1st.  Touching  the  duties  of  the  President. 

He  shall  take  the  Chair  every  day  at  the  hour  to  which  the  Con- 
vention shall  have  adjourned  on  the  preceding  day;  he  shall  im- 
mediately call  the  members  to  order,  and,  on  the  appearance  of  two- 
thirds  of  the  members,  shall  cause  the  Journal  of  the  preceding  day 
to  be  read ;  he  shall  preserve  decorum  and  order ;  may  speak  to 
points  of  order,  in  preference  to  other  members,  rising  from  his  seat 
for  that  purpose ;  and  shall  decide  questions  of  order,  subject  to  an 
appeal  to  the  Convention  by  any  two  members ;  he  shall  rise  to  put 
a  question,  but  may  state  it  sitting;  questions  shall  be  distinctly 
put  in  this  form,  to-wit :  ''  As  many  as  are  of  opinion  that  (as  the 
question  may  be)  say  aye,"  and  after  the  affirmative  voice  is  ex- 
pressed, "  as  many  as  are  of  a  contrary  opinion,  say  no."  If  the 
President  doubts,  or  a  division  be  called  for,  the  Convention  shall 
decide ;  those  in  the  affirmative  of  the  question  shall  first  rise  from 
their  seats,  and  afterwards  those  in  the  negative.  All  Committees 
shall  be  appointed  by  the  President,  unless  otherwise  directed  by 
the  Convention,  in  which  case  they  shall  be  appointed  by  ballot, 
and  if  upon  such  ballot  the  number  required  shall  not  be  elected  by 
a  majority  of  votes  given,  the  Convention  shall  proceed  to  a  second 
ballot,  in  which  a  plurality  of  votes  shall  prevail;  and  in  case  a 
greater  number  than  is  required  to  compose  or  to  complete  the 
Committee,  shall  have  an  equal  number  of  votes,  the  Convention 
shall  proceed  to  a  fourth  ballot  or  ballots.  In  all  cases  of  bal- 
lot by  the  Convention,  the  President  shall  vote.  All  acts,  ad- 


39 

drosses  and  resolutions  shall  be  signed  by  the  President,  and  all 
writs,  warrants  or  subpoenas,  issued  by  order  of  the  Convention, 
shall  be  under  his  hand  and  seal,  attested  by  the  Secretary.  In  case 
of  any  disturbance  or  disorderly  conduct  in  the  lobby,  the  President, 
or  Chairman  of  the  Committee  of  the  whole  Convention,  shall  have 
power  to  order  the  same  to  be  cleared.  Stenographers  shall  be  ad- 
mitted, and  the  President  shall  assign  such  places  to  them  on  the 
floor  as  shall  not  interfere  with  the  convenience  of  the  Conven- 
tion. 

2nd.  Of  decorum  in  debate. 

When  any  member  is  about  to  speak  in  debate,  or  to  deliver  any 
matter  to  the  Convention,  he  shall  rise  from  his  seat  uncovered, 
and  respectfully  address  himself  to  "  Mr.  President,"  or  "  Mr. 
Chairman/7  (as  the  case  may  be)  and  await  the  notice  of  the  Pre- 
sident or  Chairman,  and  shall  confine  himself  to  the  question  under 
debate,  and  avoid  disrespectful  personalities.  If  any  member, 
when  speaking  or  otherwise,  transgress  the  rules  of  the  Convention, 
the  President  shall,  or  any  !member,  may  call  to  order,  in  which  case 
the  member  so  called  to  order  shall  immediately  sit  down,  unless  per- 
mitted to  explain ;  and  the  Convention  shall,  if  appealed  to,  decide  on 
the  case,  but  without  debate ;  if  there  be  no  appeal,  the  decision  of  the 
Chair  shall  be  submitted  to.  If  the  decision  shall  be  in  favor  of 
the  person  called  to  order,  he  shall  be  at  liberty  to  proceed  ;  if  other- 
wise, and  the  case  require  it,  he  shall  be  liable  to  the  censure  of  the 
Convention.  When  two  or  more  persons  happen  to  rise  at  once,  the 
President  shall  name  the  person  who  is  to  speak.  No  member  shall 
speak  more  than  twice  on  the  same  question  without  leave  of  the 
Convention,  nor  more  than  once  until  every  member  choosing  to 
speak  shall  have  spoken.  Whilst  the  President  is  putting  any  ques- 
tion or  addressing  the  Convention,  no  one  shall  walk  out  of  or  across 
the  House  ;•  nor  whilst  a  member  is  speaking,  shall  any  one  enter- 
tain private  discourse ;  nor  whilst  a  member  is  speaking,  shall  any 
one  pass  between  him  and  the  Chair.  Every  member  who  shall  be 
in  the  Convention  when  a  question  is  put,  shall  give  his  vote,  un- 
less the  Convention,  for  special  reasons,  shall  excuse  him. 

When  a  motion  is  made  and  seconded,  it  shall  be  stated  by  the 
President ;  or  being  in  writing,  it  shall  be  handed  to  the  Chair,  and 
read  aloud  by  the  Secretary  before  it  is  debated. 

Every  motion  shall  be  reduced  to  writing  if  the  President  or  any 
member  desire  it. 

After  a  motion  is  stated  by  the  President,  or  read  by  the  Secre- 
tary,, it  shall  be  deemed  to  be  in  possession  of  the  Convention,  but 
may  be  withdrawn  at  any  time  before  a  decision  or  amendment. 

When  a  question  is  under  debate  no  motion  shall  be  received, 
unless  to  amend  it,  to  commit  it,  or  for  the  previous  question  ;  to 
postpone  to  a  day  certain,  or  to  lay  on  the  table,  or  to  adjourn. 


40 

A  motion  to  adjourn  shall  always  be  in  order,  and  shall  be  de- 
cided without  debate. 

When  a  question  made  once  and  carried  in  the  affirmative  or 
negative,  it  shall  be  in  order  for  any  member  of  the  majority  to 
move  for  the  reconsideration  thereof. 

The  Convention  shall  have  the  power  to  compel  the  attendance 
of  absent  members. 

No  member  shall  absent  himself  from  the  service  of  the  Conven- 
tion, unless  he  has  leave,  or  be  sick  and  unable  to  attend. 

The  first  member  named  on  a  Committee  shall  be  Chairman  of 
the  same. 

The  Convention  may  be  resolved  into  a  Committee  of  the  Whole 
for  the  discussion  of  any  question  that  may  be  pending  before  the 
Convention. 

The  Convention,  at  all  times,  shall  be  considered  in  session  when 
the  President  takes  the  Chair,  and  the  roll  shall  not  be  called  unless 
on  application  of  a  member. 

The  previous  question  shall  be  in  this  form :  "  Shall  the  main 
question  now  be  put  ?"  and  may  be  demanded  by  any  member  if 
seconded ;  and  if  sustained  by  a  majority,  shall  prevail;  and,  until 
it  is  decided,  shall  preclude  all  amendment  and  further  debate  of 
the  main  question. 

The  unfinished  business  in  which  the  Convention  was  engaged  at 
the  last  preceding  adjournment,  shall  have  preference  in  the  orders 
of  the  day ;  and  no  motion  on  any  other  business  shall  be  received, 
without  special  leave  of  the  Convention,  until  the  former  is  dis- 
posed of. 

;  On  a  motion  made  and  seconded  a  call  of  the  Convention  shall 
be  had. 

No  member  shall  vote  on  any  question  touching  his  own  conduct 
in,  or  rights  and  privileges,  as  a  member  of  this  Convention. 

The  Secretary  shall  not  suffer  any  records  or  papers  to  be  taken 
from  the  table,  or  out  of  his  custody,  by  any  member  or  any  other 
person,  without  leave  of  the  Convention. 

It  shall  be  a  standing  rule  of  the  Convention  that  the  President 
be  authorised  to  call  any  member  of  the  Convention  to  occupy  the 
Chair,  and  exercise  the  functions  of  President  until  he  may  resume 
the  Chair ;  .with  this  proviso,  that  the  power  given  by  this  rule 
shall  not  be  construed  to  confer  on  the  President  a  right  to  place 
any  member  in  the  Chair  for  a  longer  period  than  one  day. 

Upon  the  motion  of  any  member,  if  seconded,  the  ayes  and  noes 
may  be  called  for  and  spread  upon  the  Journal.  Any  person  voting 
in  the  negative  of  any  proposition,  shall  have  the  right  of  entering 
his  protest  and  reasons  for  such  vote  upon  the  Journal,  provided  he 
shall  use  no  disrespectful  personalities,  in  such  protest,  against  any 
member  of  this  Convention.  After  the  question  is  put  and  the 
affirmative  vote  taken,  there  shall  be  no  further  debate. 


41 

The  preceding  rules  shall  be  observed  in  Committee  of  the  Whole, 
so  far  as  they  are  applicable,  except  that  part  of  the  rule  which 
restricts  members  from  speaking  more  than  twice  upon  the  same 
question,  and  except  the  rule  in  regard  to  the  previous  question. 

All  resolutions  shall  lie  on  the  table  for  one  day  for  consideration, 
unless  in  special  cases  when  the  Covention  shall  think  proper  to 
suspend  the  rule. 

All  of  which  is  respectfully  submitted 

ALEX.  W.  CAMPBELL, 

Chairman. 

On  motion  of  Mr.  CAMPBELL  the  rules  reported  by  the  commit- 
tee were  adopted,  and  one  hundred  copies  ordered  to  be  printed  for 
the  use  of  the  Convention. 

Mr.  JONES,  of  Lincoln,  moved  to  reconsider  the  vote  ordering 
one  hundred  copies  to  be  printed,  which  motion  was  rejected. 

STANDING   COMMITTEES. 

The  President  announced  the  following  as  the  Standing  Commit- 
tees of  the  Convention : 

COMMITTEE  ON  THE  BILL  OF  EIGHTS. 

JOHN  BAXTEK. 

R,  P.  BEOOKS, 

JOSEPH  H.  BLACKBURN, 

WM.  B.  CAETEE, 

W.  F.  DOHEETY, 

GEO.  C.  POETEE,  of  Haywood, 

MATT.  MAETIN, 

M.  McNABB, 

T.  C.  MOEEIS, 

WM.  SAMPLE, 

JOHN  M.  TAYLOR, 

COMMITTEE   ON   THE   LEGISLATIVE   DEPARTMENT. 

W.  H.  STEPHENS, 

JAMES  S.  BEOWN,  of  Henry, 

NATHAN  BEANDON, 

JAMES  BEITTON, 

H.  R.  GIBSON, 

RICHAED  HENDEESON, 

N.  S.  BEOWN,  of  Davidson, 

T.  B.  IVIE, 

GEO.  W.  JONES,  of  Lincoln, 

E.  H.  SHELTON, 

W.  Y.  THOMPSON,  ol  Maury. 


42 


COMMITTEE   ON   THE   EXECUTIVE    DEPARTMENT. 

GEORGE  W.  JONES,  of  Lincoln. 

JOHN  ALLEN, 

JAS.  W.  BRANSON, 

JOHN  E.  DROMGOOLE, 

W.  H.  FINLEY, 

A.  T.  FEILDER, 

H.  L.  W.  HILL,  of  Warren, 

J.  C.  PARKER, 

S.  G.  SHEPARD, 

EICHARD  WARNER,  JR., 

W.  M.  WRIGHT. 


COMMITTEE   ON   THE    JUDICIARY   DEPARTMENT 

J.  B.  HEISKELL, 

JOHN  BAXTER, 

JOHN  W.  BURTON, 

ALEXANDER  W.  CAMPBELL, 

JOHN  F.  HOUSE,  of  Montgomery, 

THOMAS  M.  JONES,  of  Giles, 

A.  O.  P.  NICHOLSON, 

JOHN  NETHERLAND, 

JAMES  D.  PORTER,  JR.,  of  Henry. 

JNO.  C.  THOMPSON,  of  Davidson, 

W.  B.  STALEY, 


COMMITTEE   ON    ELECTIONS   AND    RIGHT   OF   SUFFRAGE 

A.  O.  P.  NICHOLSON, 

H.  R.  BATE, 

NEIL  S.  BROWN,  of  Davidson, 

WARREN  CUMMINGS, 

W.  V.  DEADERICK, 

JAMES  FENTRESS, 

SPARREL  HILL,  of  Gibson, 

BOLLING  GORDON, 

A.  A.  KYLE, 

D.  M.  KEY, 

W.  H.  WILLIAMSON. 


COMMITTEE   ON    FINANCE,    INTERNAL    IMPOVEMENTS    AND    CORPO- 
RATIONS. 

JOHN  A.  GARDNER, 
JESSE  ARLEDGE, 


43 

A.  BLIZARD, 

JAMES  A.  COFFIN, 

GEO.  G.  DIBBRELL, 

SAMUEL  S.  HOUSE,  of  Williamson, 

D.  N.  KENNEDY, 

JOSEPH  A.  MABRY, 

A.  G.  McDouoAL, 

GEORGE  E.  SEAY, 

W.  H.  STEPHENS. 

COMMITTEE   ON   MISCELLANEOUS   SUBJECTS. 

JAMES  J.  TURNER, 
WM.  BYRNE, 
T.  M.  BURKETT, 
Z.  R.  CHOWNING, 
T.  D.  DEAVENPORT, 
S.  P.  GAUT, 
CHAS.  N.  GIBBS, 
JOHN  E.  GARNER, 

S.  J.  KlRKPATRICK, 
P.  G.  FULKERSON, 

G.  W.  WALTERS. 


AMENDMENTS    PROPSED. 

Mr.  TURNER  offered  the  following  amendments  to  the  Constitu- 
tion, which  were  read  and  referred  to  the  Committee  on  the  Judi- 
cial Department. 

Resolved,  That  Art.  VI,  Sec.  2  of  the  Constitution  be  amended  as 
follows, viz :  by  striking  out  the  first  sentence  and  inserting  in  lieu 
of  the  same : 

The  Supreme  Court  shall  be  composed  of  six  judges,  two  of  whom 
shall  reside  in  each  of  the  grand  Divisions  of  the  State. 

Said  Court  shall  meet  at  least  once  each  year  in  each  grand  Divi- 
sion of  the  State.  And  three  of  them  shall  hear  and  determine  all 
questions  coming  up  from  the  Chancery  Courts,  and  the  other  three 
shall  hear  and  determine  all  causes  coming  up  from  other  than  the 
Chancery  Courts. 

The  concurrence  of  two  of  the  judges  trying  the  cause,  shall  in 
every  case  be  necessary  to  a  decision. 

The  three  judges  trying  the  cause  may,  in  writing,  ask  the  other 
branch  of  tl.e  Court  to  sit  with  them  on  questions  of  great  and 
general  importance,  and  in  such  cases  a  majority  of  the  Court  shall 
determine  them. 

The  Governor,  with  the  concurrence  of  the  Senate,  shall  de- 
signate the  judges  composing  each  Court. 


44 

The  said  Courts  shall  sit  at  the  same  time  and  place,  and  an 
election  shall  be  held  on  the  first  Saturday  of  May,  1870,  to  supply 
the  number  of  judges  required  by  this  section. 

Mr.  HOUSE,  of  Williamson,  offered  the  following  resolution 
which  was  referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  General  Assembly  shall  have  no  power  to 
make  or  change  election  precincts ;  nor  to  establish  bridges  or 
ferries ;  nor  to  change  names,  or  legitimate  children ;  but  it  shall 
prescribe  by  law  the  manner  in  which  said  powers  shall  be  exercis- 
ed by  the  Courts. 

Mr.  MORRIS,  offered  the  following  resolution,  which  was  referred 
to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  Constitution  of  the  State,  be  so  amended  that 
there  shall  be  but  one  regular  session  of  the  General  Assembly  in 
three  (3)  years,  with  power  to  the  Governor  to  convene  them  in 
extra  session  when  necessary;  that  the  members  be  allowed  per 
diem,  at  the  regular  session  for  not  exceeding  one  hundred  (100) 
days  ;  and  in  extra  session  not  exceeding  (30)  thirty  days. 

Mr.  WARNER  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  Article  II,  Section  19,  of  the  Constitution  of  Ten- 
nessee be  so  amended  as  to  allow  the  words  "  after  being  consid- 
ered and  acted  upon  by  both  Houses,  or  in  each  House/'  to  be  in- 
serted between  the  words  "  rejected  "  and  "  no." 

Mr.  MARTIN  offered  the  following,  which  was  referred  to  the 
Committee  on  Miscellaneous  Provisions  : 

Resolved,  That  no  member  of  the  Legislature,  or  Executive,  or 
Judicial  Officer  of  this  State,  shall  receive  while  in  office,  either 
directly  or  indirectly,  any  gift,  gratuity,  fee  or  reward  from  any 
person  or  corporation. 

LIST   OF   MEMBERS. 

Mr.  GARNER  offered  the  following  resolution  : 

Resolved,  That  the  Principal  Doorkeeper  be  directed  to  make  out 
and  have  printed  for  the  use  of  the  Convention  300  copies  of  an  ac- 
curate statement  of  the  name,  age,  occupation,  postoffice,  place  of 
nativity,  and  whether  married  or  single,  of  the  officers  and  dele- 
gates of  this  Convention. 

On  motion  of  Mr.  GIBSON,  the  resolution  was  laid  on  the  table. 

AMENDMENTS    PROPOSED. 

Mr.  IVIE  offered  the  following,  which  was  referred  to  the  Com- 
mittee on  the  Legislative  Department : 


45 

Resolved,  That  Section  7  Article  II  of  the  present  Constitution 
be  amended  by  adding  :  "  Pro vided  further,  That  the  Legislature 
shall  not  grant  charters  of  incorporation  to  any  corporation  of  a 
local  or  private  character," 

Mr.  THOMPSON,  of  Davidson,  offered  the  following,  which  was 
referred  to  the  Committee  on  Finance  : 

Be  it  resolved,  That  it  is  expedient  and  for  the  honor  of  the  State 
that  due  and  unpaid  coupons  of  bonds  of  the  State  of  Tennnessee, 
issued  prior  to  May,  1861,  shall  be  receivable  in  payment  of  all  State 
taxes  ;  and  that  due  and  unpaid  coupons  of  the  bonds  of  any  County 
of  this  State,  issued  prior  to  the  month  of  May,  1861,  shall  be  re- 
ceivable in  payment  of  all  County  taxes  of  such  County. 

Mr.  THOMPSON,  of  Davidson,  offered  the  following,  which  was 
referred  to  the  Committee  on  the  Judiciary : 

Be  it  resolved,  That  Section  1,  of  Article  VII,  be  amended  by 
words  to  the  following  effect:  There  shall  be  elected  for  each 
County,  by  the  Justices  thereof,  one  Clerk,  one  Sheriff,  one  Tax 
Collector,  one  Register,  one  Coroner,  and  one  Ranger,  who  shall 
hold  office  respectively  for  two  years,  or  until  their  successors  are 
appointed.  The  Clerk,  the  Register,  the  Sheriff  and  the  Tax  Col- 
lector to  be  respectively  appointed  at  different  terms  of  the  Quar- 
terly Court ;  but  every  person  holding  or  elected  to  one  of  said 
County  offices,  at  the  date  of  the  organization  of  the  government 
under  the  new  Constitution,  shall  be  entitled  to  hold  their  offices 
respectively  until  the  full  end  and  term  of  the  period  for  which  they 
are  so  elected. 

Mr.  BROWN,  of  Davidson,  offered  the  following  amendments, 
which  were  referred  to  the  Committee  on  Finance : 

To  Section  6  of  Article  11,  add:  "But  the  Legislature  shall 
have  power  to  pass  laws  establishing  conventional  interest,  and 
within  the  limits  therein  prescribed,  contracts  shall  be  binding." 

New  Section  13,  Article  XI :  The  faith  of  the  State  is  hereby 
pledged  for  the  redemption  of  all  of  its  obligations,  and  shall 
forever  remain  inviolate*  And  the  General  Assembly  is  required, 
without  delay,  to  take  such  steps,  and  to  adopt  such  measures,  as 
may  be  necessary  and  adequate  to  meet  the  interest  on  the  public 
debt,  and  to  discharge  the  debt  itself  as  fast  as  it  matures. 

Strike  out  Section  31  in  Article  II,  and  insert :  "  That  the  Gene- 
ral Assembly  shall  have  power  to  provide  by  law  that  all  voters 
shall  be  required  to  vote  within  the  Civil  Districts  or  Wards  in 
which  they  reside  ;  and  shall  have  power  also  to  pass  laws  to  pro- 
tect all  voters  in  the  free  exercise  of  their  choice. 

That  the  following  sentence  in  Section  28,  Article  II,  be  stricken 
out,  viz  :  But  the  Legislature  shall  have  power  to  tax  merchants, 
peddlers  and  privileges,  in  such  manner  as  they  may  from  time  to 


30 

Tu 


46 

time  direct,  and  insert :  But  the  Legislature  shall  have  power  to 
require  all  persons  who  buy  and  sell  as  a  vocation  to  take  out  a 
license,  for  which  they  shall  pay  a  sum  not  exceeding  one  per  cent, 
proportion  of  the  taxes  assessed  on  their  capital  for  the  current  year. 

FINANCE,  ETC. 

Section  7,  Article  II.,  strike  out  the  following,  viz : 

Provided,  always,  the  Legislature  shall  have  power  to  grant  such 
charters  of  incorporation  as  they  may  deem  expedient  for  the  public 
good,  and  insert:  and  shall  have  no  power  to  grant  charters  of  in- 
corporation, either  municipal  or  private,  but  may  pass  laws  author- 
izing the  Chancery,  Circuit,  or  County  Courts  to  grant  all  such 
charters,  under  such  rules  and  regulations  as  are,  or  may  be  pre- 

ribed  by  law ;  Provided,  that  no  municipal  corporations  or  coun- 
les  shall  be  authorized  to  create  any  debt  without  an  adequate  levy 
of  taxes  to  meet  the  same,  except  by  a  vote  of  two  thirds  of  all  the 
voters  of  such  corporation  or  county,  counting  by  the  last  preceding 
Gubernatorial  election. 

Mr.  HOUSE,  of  Williamson,  offered  the  following  resolution, 
which  was  referred  to  the  Committee  on  the  Legislative  Department: 

Resolved,  That  no  law  or  section  of  the  Code  shall  be  amended 
or  repealed  by  mere  reference  to  its  title,  or  to  the  number  of  the 
section  in  the  Code,  but  the  amending  or  repealing  act  shall  distinct- 
ly and  fully  describe  the  law  to  be  amended  or  repealed,  as  well  as 
the  alteration  to  be  made. 

Mr.  GAUT,  offered  the  following  resolution  which  was  referred  to 
,the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  Committee  on  the  Legislative  Department  en- 
quire into  and  report  whether  the  Legislature  should  have  power  to 
grant  any  private  charters.,  or  pass  any  act  exclusively  for  private 
or  individual  benefit,  or  relief  and  also  to  enquire  whether  the  Leg- 
islature should  invest  the  Courts  of  Chancery  of  this  State  with  the 
exclusive  power  under  proper  application  to  grant  such  private 
charters,  privileges  and  relief. 

On  motion,  of  Mr.  GORDON,  the  Convention  adjourned  until  to- 
morrow morning  at  10  o'clock. 


47 


THURSDAY  MORNING  JANUARY  13,  1870. 

The  Convention   met   pursuant   to   adjournment,  Mr.  President 
BROWN  in  the  Chair. 
Prayer  by  the  Rev.  Mr.  FALL. 

AMENDMENTS  OF  THE  RULES. 

,  Mr.  GIBSON,  offered  the  following — which  was  read  and  referred 
to  the  Committee  on  Rules  : 

Rule  —  No  petition  or  memorial  containing  language  disrespect- 
ful to  this  body,  or  to  the  State  or  General  Governments,  or  any 
department  thereof,  shall  be  read  if  objected  to. 

Mr.  HOUSE,  of  Montgomery,  offered  the  following  amendments 
to  the  Rules  which  were  adopted,  and  ordered  to  be  printed  with  the 
rules  for  the  government  of  the  Convention : 

That  the  last  permanent  rule  of  this  Convention  be  amended  by 
adding  the  following  : 

But  this  rule  shall  not  apply  to  resolutions  proposing  to  amend 
the  Constitution,  but  the  same  shall  be  referred  at  once  to  the  ap- 
propriate Committee,  and  the  delegate  proposing  such  resolution 
shall  have  five  minutes,  within  which  to  make  explanatory  remarks. 

Mr.  TURNER,  offered  the  following  resolution  which  was  referred 
to  the  Committee  on  Rules. 

Resolved,  That  all  petitions  and  memorials  shall  be  received  and 
read,  and  referred  without  debate  to  the  appropriate  committee. 

Mr.  GARDNER,  offered  the  following  resolution,  which  was  read 
and  ordered  to  be  referred  to  the  Committee  on  Rules. 

Resolved,  That  a  committee  of  seven  be  appointed  on  Petitions, 
Memorials  and  Grievances,  to  whom  all  petitions  and  memorials, 
addressed  to  this  body  shall  be  referred  without  reading  or  debate. 

AMENDMENTS  PROPOSED. 

Mr.  ALLEN,  offered  the  following  resolution,  which  was  read  and 
ordered  to  be  referred  to  the  Committee  on  the  Legislative 
Department : 

Resolved,  That  the  Committee  on  Corporations  be  instructed  to 
report  an  amendment  to  the  Constitution  which  will  forever  guaran- 


43 

tee  to  the  cities  and  other  incorporated  towns,  in  this  State,  the 
right  to  elect  their  own  municipal  officers,  including  officers  of 
police. 

Mr.  ARLEDGE  offered"  the  following,  which  was  read  and  refer- 
red : 

Resolved,.  That  the  Committee  on  Finance,  Internal  Improve- 
ments and  Corporations,  report  such  changes  in  the  Constitution 
as  will  prohibit  any  further  issuance  of  State  bonds.- 

Mr.  BRITTON  submitted  the  following  resolutions,  which  were 
read  and  referred  4o  the  Committee  on  Miscellaneous  Provisions  : 

Resolved  1st,  That  we  are  admonished  by  the  embarrassing  con- 
dition of  our  own  internal  affairs,  as  well  as  the  threatening  aspect 
of  the  surroundings,  that  it  is  a  matter  of  the  highest  importance 
to  make  the  work  of  this  Convention  harmonious  and  as  expeditions 
as  possible,  doing  full  justice  to  ourselves,  and  looking  well  to  the 
interest  of  the  people  of  the  whole  State,  white  and  colored,  present 
and  future. 

Resolved  2nd,  That  in  the  opinion  of  this  Convention,  our  pre- 
sent Constitution  is  a  model  Constitution,  well  adapted  to  the  times 
for  which  it  was  intended,  and  wisely  balancing  the  independent 
powers  of  the  co-ordinate  departments  of  the  State  government,. and 
was  the  work  of  wise,  patriotic  and  good  men. 

Resolved  3rd,  That  this  Cenvention,  with  a  high  reverence  for 
the  work  of  a  noble  and  patriotic  ancestry,  and  fully  appreciating 
the  importance  and  responsibility  of  the  position  in  which  we  have 
been  placed,  will  proceed  to  the  work  assigned  us,  aided  by  the  re- 
ports of  Standing  Committees,  and  such  Special  Committees  as  may 
hereafter  be  appointed,  by  reading  the  present  Constitution  in  full 
Convention,  article  by  article,  and  section  by  section,  and  in  this 
way  making  such  amendments,  as  we  proceed,  as  time  and  ex- 
perience have  shown  to  be  necessary,  with  as  little  disturbance  as 
possible  of  the  symmetry  and  harmony  of  our  present  Constitution, 
but  guided  alone  by  the  necessities  arising  out  of  the  changed  con- 
dition of  our  affairs. 

Mr.  BROOKS  offered  the  following  resolution,  which  was  read  and 
referred  to  the  Committee  on  the  Legislative  Department  .- 

Resolved,  That  the  Constitution  -be  so  amended  as  to  limit  the 
Legislature  to  one  thousand  dollars  as  appropriation  for  internal 
improvement  by  the  State,  and  all  appropriations  over  one  thousand 
dollars  shall  be  void  until  ratified  by  a  majority  of  the  qualified 
voters  of  the  State  of  Tennessee. 

Mr.  BURTON  offered  the  following,  which  was  read  and  referred 
to  the  Committee  on  the  Judicial  Department; 


49 

Pesolred,  That  Article  VI,  Section  2,  of  the  Constitution  bo 
amended  so  as  to  read  as  follows:  "The  Supreme  Court  shall  be 
composed  of  five  Judges,  one  of  whom  shall  reside  in  and  be 
elected  by  the  qualified  voters  of  each  of  the  three  grand  divisions 
of  the  State,  the  remaining  two  to  be  nominated  by  the  Governor 
from  the  State  at  large,  and  confirmed  by  the  Senate." 

Mr.  BURTON  offered  the  following,  which  was  read  and  referred : 

Resolved,  That  it  be  referred  to  the  Committee  on  the  Bill  of 
Rights  to  report  upon  the  propriety  of  the  following  amendment, 
to- wit  : 

"  That  no  person  shall  be  held  to  answer  for  a  capital  crime,  or 
crime  above  the  grade  of  petit  larceny,  unless  on  a  presentment  or 
indictment  of  a  Grand  Jury,  except  in  cases  of  impeachment  or 
military  trials,  otherwise  provided  for  in  the  Constitution.  The 
Legislature  shall  pass  no  laws  making  the  stealing  of  more  than 
$50  personalty  petit  larceny." 

JOHN  H.  MEEKS,  delegate  elect  from  the  county  of  McNairy, 
appeared,  presented  his  credentials,  was  sworn  and  took  his  seat  as 
a  member  of  this  Convention. 


COMMITTEE  ON  NEW  COUNTIES,  ETC. 

The  President  announced  the  following  gentlemen  to  constitute 
the  Committee  on  New  Counties  and  County  Lines :  Messrs.  SEAY, 
COFFIN,  DEADERICK,  WARNER,  JONES,  of  Giles,  GIBBS,  and 
TAYLOR. 

AMENDMENTS  PROPOSED. 

Mr.  DTBBRELL,  submitted  the  following  resolution,  which  was 
referred  to  the  Committee  on  New  Counties  and  County  Lines. 

Resolved,  That  the  last  clause  of  Section  4,  Article  X  of  the 
Constitution,  which  says :  "  That  the  counties  of  Marion  and  Bled- 
soe  shall  not  be  reduced  below  one  thousand  qualified  voters  each, 
in  forming  a  new  county  or  counties,"  be  stricken  out  of  the  Con- 
stitution. 

Mr.  DEAVENPORT,  submitted  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  Miscellaneous  Subjects: 

Resolved,  That   the  appropriate  Committee  be  instructed  to  in- 
quire and  report  upon  the  propriety  of  ordering  an  election  for  all 
Judicial  and  County  officers  as  soon  after  the  ratification  of  the 
New  Constitution  as  practicable. 
4 


50 

Mr.  FULKERSON,  offered  the  following,  which  was  read  and 
referred  to  the  Committee  on  the  Legislative  Department. 

Resolved,  That  secret  political  organizations  are  dangerous  to  the 
liberties  of  Republican  Governments,  and  the  Legislature  have 
power  to  enact  laws  to  disperse  and  punish  the  members  of  the 
same. 

Mr.  FENTRESS  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Bill  of  Rights : 

Resolved,  That  Section  22  of  the  Declaration  of  Rights,  be  so 
amended  as  to  read  as  follows : 

"  That  no  man's  particular  services  shall  be  demanded,  or  proper- 
ty taken,  or  applied  to  public  use  without  the  consent  of  his  repre- 
sentative, or  without  just  compensation  being  made  therefor.  And 
as  to  any  property  taken  for  the  public  use,  without  the  consent  of 
the  owner,  a  just  compensation  shall  be  made  therefor  at  the  time, 
or  before  the  said  property  is  so  taken." 

AMENDMENT  OF  THE  RULES. 

Mr.  KENNEDY  submitted  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  Rules  : 

That  the  last  of  the  Rules  of  this  Convention  be  amended  as  follows  : 
"  All  resolutions  on  which  the  mover  desiring  action  of  the  Con- 
vention shall  lie  on  the  table  one  day  for  consideration,  unless  the 
Convention  shall  suspend  the  rule.     But  resolutions  may  be  refer- 
red to  a  committee  at  the  time  of  presentation. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  submitted 
the  following  resolution : 

Resolved,  That  the  rule  requiring  resolutions  to  lay  on  the  table 
one  day  shall  not  apply  to  resolutions  proposing  amendments  to  the 
'Constitution,  but  the  same  shall  be  referred  at  once  to  the  appro- 
priate committee,  and  the  delegate  proposing  such  resolution  shall 
have  five  .minutes  within  which  to  make  any  explanatory  remarks 
he  may  desire. 

AMENDMENTS  PROPOSED. 

Mr.  GIBSON  submitted  the  following  amendment  to  the  Consti- 
tution, which  was  read  and  referred  to  the  Committee  on  Finance : 

Article  — ,  Section  — .  The  Legislature  shall  not  remit  or  release 
any  pecuniary  or  other  penalty  debt,  or  claim  due  or  accruing  to  the 
State,  or  audit,  allow,  or  direct  to  be  paid,  any  private  claim  or  ac- 
count against  the  State,  or  pass  any  special  law  relative  to  any  01 
the  foregoing  matters.  But  the  Legislature  may  pass  general  laws 
whereunder  such  penalties,  debts  or  claims  due  or  accruing  to  the 


51 

State  may  be  remitted  or  released,  and  may  appropriate  money  to 
pay  these  last  claims  or  accounts ;  but  this  section  shall  not  be  so 
construed  as  to  refer  to  official  salaries,  or  other  compensation  fixed 
by  law,  or  to  payment  for  such  work  or  materials  as  may  have  been 
or  may  hereafter  be  authorized  by  law,  or  to  the  necessary  and  in- 
cidental expenses  incurred  by  the  Legislature,  or  a  Constitutional 
Convention  while  in  session. 

Mr.  GIBSON  submitted  the  following  amendments  to  the  Consti- 
tution, which  were  read  and  referred  to  the  Committee  on  Finance : 

Article  — ,  Section  — .  The  officers  of  the  State  Treasury,  and  all 
other  State  officers,  shall  be  liable,  on  their  official  bonds  for  any 
moneys  paid  by  them  in  violation  of  this  Constitution  ;  but  the 
written  opinion  of  the  majority  of  the  Judges  of  the  Supreme 
Court  shall  be  sufficient  authority  in  all  doubtful  cases. 

Article  — ,  Section  — .  The  public  debt  of  the  State  shall  never 
exceed  five  per  centum  of  the  taxable  wealth  of  the  State.  And  no 
public  money  shall  be  voted  for  any  purpose  by  the  Legislature 
other  than  to  pay  or  provide  for  existing  liabilities  and  the  ordinary 
expenses  of  the  State  Government,  until  said  debt  is  reduced  to  the 
limit  fixed  in  this  section. 

Mr.  GIBSON  submitted  the  following  amendment  to  the  Constitu- 
tion, which  was  read  and  referred  to  the  Committee  on  Finance : 

Article  — ,  Section  — .  The  credit  of  the  State  shall  never  be 
given  or  loaned  to,  or  in  aid  of,  any  individual,  association,  or  cor- 
poration ;  nor  shall  the  State  subscribe  for,  or  purchase  shares,  stock, 
or  any  other  interest  in  any  company,  or  corporation,  or  other 
private  enterprise.  And  every  act  appropriating  public  money  or 
property  for  or  to  any  purpose  other  than  to  meet  the  ordinary  ex- 
penses of  government  and  existing  liabilities,  shall  receive  a  two- 
thirds  vote,  and  the  yeas  and  nays  shall  be  entered  on  the  journals. 

Mr.  GIBSON  submitted  the  following  amendment  to  the  Constitu- 
tion, which  was  read  and  referred  to  the  Committee  on  Finance : 

Article  — ,  Section  — .  No  extra  or  increased  pay,  or  compensation, 
shall  be  voted,  given  or  allowed  by  the  Legislature  to  the  members 
or  officers  thereof,  or  to  any  other  officer  or  agent  of  the  State,  on 
any  pretence,  or  in  any  shape  whatever;  but  the  compensation  of 
every  officer  shall  be  declared  and  fixed  by  law,  and  shall  not  in 
any  way  be  increased,  diminished  or  varied  during  incumbency. 
And  all  compensation  shall  be  paid  in  such  funds  as  are  received  at 
par  at  the  State  Treasury. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  submitted 
the  following  amendments  to  the  Bill  of  Rights,  which  were  refer- 
red to  the  appropriate  Committee: 


52 

In  the  14th  section  of  the  Bill  of  Rights  strikeout  the  words  "  shall 
be  put  to  answer  any  criminal  charge  "  and  insert  in  lieu  thereof 
the  following :  "  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime."  In  said  section  strike  out  also  the  words  "  free 
man  "  and  insert  in  lieu  thereof  the  word  "  person  "  so  as  to  make 
said  section  read  as  follows : 

"  That  no  person  shall  be  held  to  answer  for  a  capital  or  other- 
wise infamous  crime,  but  by  presentment,  indictment,  or  impeach- 
ment." 

Mr.  KIRKPATRICK  offered  the  following  resolution,  which  was 
refered  to  the  Committee  on  the  Bill  of  Rights : 

Resolved,  That  the  18th  section  of  the  Declaration  of  Rights  be 
stricken  out  and  the  following  substituted  therefor : 

"  No  person  shall  be  imprisoned  for  debt." 

Mr.  I  VIE  offered  the  following  resolution,  which  lies  over  under 

the  rule  : 

Resolved,  That  the  President  appoint  a  Special  Committee,  to 
consist  of  one  delegate  from  each  Judicial  Circuit,  who  shall  report  to 
the  Convention  what  changes,  if  any,  are  necessary  to  be  made 
in  the  Chancery  Divisions  and  Judicial  Circuits  of  the  State,  and 
the  counties  that  shall  compose  the  same. 

Mr.  KIRKPATRICK  offered  the  following  resolution,  which  was 
referred  to  the  Committee  on  the  Legislative  Department : 

Resolved ,  That  the  General  Assembly  shall  pass  laws  to  protect 
from  execution  a  reasonable  amount  of  the  property  of  a  debtor, 
not  exceeding  in  value  the  sum  of  five  hundred  dollars. 

Mr.  KIRKPATRICK  submitted  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  the  Legislative  Department: 

Resolved,  That  the  rate  of  interest  in  this  State  shall  not  exceed 
six  per  cent,  per  annum,  and  no  higher  rate  shall  be  taken  or  de- 
manded, and  the  Legislature  shall  provide  by  law  all  necessary  for- 
feitures and  penalties  against  usury. 

Mr.  KIRKPATRICK  submitted  the  following  preamble  and  resolu- 
tions, which  were  read  and  referred  to  the  Committee  on  Miscella- 
neous Provisions. 

WHEREAS,  A  general  diffusion  of  knowledge  being  essential  to 
the  preservation  of  the  rights  and  liberties  of  the  people,  inasmuch 
as  an  enlightened  public  opinion  is  the  only  conservative  power  in 
which  we  can  confide  for  the  protection  of  our  Republican  institutions, 
against  fraud,  intrigue,  corruption  and  violence:  And,  Whereas, 
it  is  an  object  of  cardinal  solicitude  with  this  Convention  to  pro- 
vide for  the  maintenance  within  the  reach  of  every  child  in  this 
State,  the  means  of  such  an  education  as  will  qualify  him  to  dis- 
charge the  duties  of  a  citizen  of  the  Republic :  Therefore  be  it 


53 

Resolved,  That  the  Committee  on  Miscellaneous  Provisions  be 
instructed  to  inquire  into  the  expediency  of  providing  for  the  estab- 
lishment of  a  uniform  system  of  free  public  schools  for  the  benefit  of 
the  children  of  the  State  between  the  ages  of  5  and  21  years,  to  be 
maintained  by  taxation  or  otherwise. 

Mr.  MABRY  submitted  the  following  preamble  and  resolution, 
which  were  read  and  referred  to  the  Committee  on  Finance  : 

WHEREAS,  The  people  of  Tennessee  are  in  no  condition  to  be 
taxed  to  pay  illegal  and  unjust  obligations :  Therefore,  be  it 

Resolved,  That  the  Committee  on  Finance,  Internal  Improve- 
ments and  Corporations  take  into  consideration  and  report  to  this 
body  whether  it  is  properly  within  the  province  of  this  body  to  en- 
quire and  determine  which  are  the  legal  and  which  are  the  illegal 
obligations  of  the  State. 

Mr.  PORTER,  of  Haywood,  submitted  the  following  amendments 
to  the  Constitution  of  the  State,  which  were  read  and  referred  to  the 
Committee  on  Executive  Department : 

Addenda  to  the  resolution  of  Mr.  HOUSE  granting  veto  power  to 
the  Governor. 

That  after  the  clause :  "  Every  bill  which  may  pass  both  Houses 
of  the  General  Assembly,  shall  before  it  becomes  a  law,  be  present- 
ed to  the  Governor  for  his  signature  "  shall  be  inserted  the  follow- 
ing clause  :  "  If  he  approve  he  shall  sign  and  deposit  it  in  the  office 
of  the  Secretary  of  State  for  preservation,  and  notify  the  House, 
where  it  originated,  of  the  fact,  and  the  same  shall  become  a  law ; " 
and  then  continue  as  in  resolution.  The  whole  to  conclude  with  the 
following  clause  :  "  The  Governor  may  approve,  sign  and  file  in  the 
office  of  Secretary  of  State,  within  five  days  after  the  adjournment 
of  the  Legislature,  any  act  passed  during  the  last  five  days  of  the 
session,  and  the  same  shall  become  a  law." 

Mr.  PORTER,  of  Haywood,  submitted  the  following  resolution, 
which  was  read  and  referred  to  the  Committee  on  the  Legislative 
Department : 

Resolved,  That  the  appointment  of  Secretary  of  State  be  vested 
alone  in  the  Governor,  subject  to  the  approval  and  ratification  of 
the  Senate. 

Mr.  PARKER  submitted  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Miscellaneous  Provisions: 

Resolved,  That  the  County  Surveyors  be  elected  by  the  qualified 
voters  of  their  respective  counties,  and  the  time,  place  and  manner 
of  their  election,  and  term  of  office  be  the  same  as  Circuit  and 
County  Court  Clerks. 


54 

Mr.  PARKER  submitted  the  following  amendment  to  the  Consti- 
tution, which  was  read  and  referred  to  the  Committee  on  the  Leg- 
islative Department : 

Resolved,  That  Sec.  8,  of  Art.  1st,  of  the  amendment  to  the 
Constitution,  adopted  February  22d,  1865,  be  so  changed  as  to  allow 
the  counties  of  Scott  and  Morgan  to  send  one  member  to  the  House 
of  Representatives;  and  the  counties  of  Fentress  and  Cumberland 
one  Representative. 

Mr.  PARKER  offered  the  following  amendment,  which  was  read 
and  referred  to  the  Committee  on  Miscellaneous  Provisions  : 

Article  — ,  Section  — .  In  all  elections  by  the  people,  and  also  by 
the  Senate  and  House  of  Representatives,  jointly  or  separately,  the 
votes  shall  be  personally  and  publicly  given,  viva  voce. 

Mr.  SEAT  offered  the  following  resolution,  which  was  read  and 
referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  Committee  on  the  Legislative  Department  in- 
quire into  the  propriety  of  so  amending  Sec.  29  of  Art.  II  of  the 
Constitution,  as  to  empower  the  General  Assembly  to  authorize  any 
one,  or  more  civil  districts  of  a  county  or  counties  in  this  State,  to 
impose  taxes  for  corporation  or  other  purposes,  in  snch  manner  as 
may  be  prescribed  by  law.  All  property  to  be  taxed  according  to 
its  value,  upon  the  principles  established  in  regard  to  State  taxation. 

Mr.  SHEPARD  submitted  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Franchise  : 

Resolved,  That  the  right  of  suffrage  is  a  fundamental  right,  and 
it  is  the  opinion  of  the  delegates  of  this  Convention  that  they  can- 
not delegate  to  the  General  Assembly  any  power  to  legislate  upon 
the  subject. 

Mr.  STEPHENS,  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Franchise : 

Resolved,  That  the  Committee  on  Elections  and  the  Right  of 
Suffrage  be  instructed  to  report  the  Article  touching  the  question  of 
suffrage  by  colored  persons,  in  such  a  form  that  it  may  be  conve- 
niently submitted  to  the  people  of  the  State,  to  be  voted  on  as  an 
independent  proposition,  separate  and  apart  from  all  others. 

Mr.  THOMPSON,  of  Maury,  submitted  the  following  resolution, 
which  was  read  and  referred  to  the  Committee  on  the  Judiciary : 

Resolved,  That  the  Judiciary  Committee  be  requested  to  inquire 
into  and  report  as  to  the  propriety  of  providing,  by  Constitutional 
provision,  for  the  prohibition  of  the  exercise  by  any  Judge  of  this 
State  of  judicial  authority,  both  civil  and  criminal,  and  requiring 


55 

the  Legislature  to  provide  for  the  election  or  appointment  of  a  suit- 
able number  of  Criminal  Judges  for  this  State. 

Mr.  TAYLOR  offered  the  following  resolution : 

Be  it  resolved,  That  the  credit  of  this  State  shall  never  be  given 
or  loaned  in  aid  of  any  person,  association,  municipality  or  corpora- 
tion. That  this  be  referred  to  the  Committee  on  tne  Legislative 
Department. 

Mr.  TURNER  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  Article  II,  Section  18  of  the  Constitution,  be 
amended  by  adding  after  the  word  "  Speakers/'  "  Nor  until  the 
same  has  been  signed  by  the  Executive.  If  the  Executive  shall  re- 
fuse to  sign  the  same,  he  shall,  in  two  days,  return  the  bill  to  the 
House  in  which  it  originated,  with  his  reasons  for  refusing  to  sign 
it.  The  bill  may  then  become  a  law ;  Provided,  a  majority  of  all 
the  members  of  each  House  shall  vote  for  it." 

Mr.  TURNER  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Legislative  Department : 

Resolved.  That  Senators  hereafter  shall  be  elected  for  the  term  of 
four  years.  'That  upon  the  meeting  of  the  Legislature  on  the  first 
Monday  of  October,  1871,  the  Senators  elect  shall  draw  lots  for  the 
long  and  short  terms.  The  members  drawing  the  short  terms  shall 
serve  for  two  years,  and  those  drawing  the  long  term  shall  serve  for 
four  years.  At  each  biennial  election  alter  the  next  general  elec- 
tion for  members  of  the  Legislature,  no  election  shall  be  held  for 
Senators  except  in  cases  of  vacancies." 

Mr.  WARNER  submitted  the  following  amendments  to  the  Con- 
stitution, which  were  read  and  referred  to  the  Committee  on  the 
Legislative  Department : 

Resolved,  That  Article  III,  Section  9,  of  the  Constitution  of  the 
State  of  Tennessee,  be  so  amended  as  to  strike  out  the  words  "  and 
shall  state  to  them  when  assembled,  the  purposes  for  which  they 
shall  have  been  convened,"  and  insert  in  their  stead  the  following 
words :  "  And  shall  state  to  them  specifically,  in  the  proclamation 
calling  them  together,  the  purposes  for  which  they  are  to  convene." 

Resolved,  That  Article  III,  Section  16,  of  the  Constitution  of 
the  State  of  Tennessee,  be  so  amended  as  to  add  the  following  words 
after  the  word  "  Governor,"  "  in  person." 

REPORT   ON  PRINTING. 

Mr.  GARNER,  from  the  Committee  on  Printing,  made  the  follow- 
ing report : 


56 

The  Committee  on  Printing  have  directed  me  to  report  that  they 
find  that  the  Public  Printers  for  this  State,  Messrs.  JONES,  PURVIS 
&  Co.,  (proprietors  of  the  Union  and  American  and  of  the  Repub- 
lican Banner)  are  prepared  to  do  such  printing  as  this  body  may 
order,  with  neatness  and  dispatch,  and  upon  the  terms  now  pre- 
scribed by  law. 

Your  Committee  request  further  time  in  which  to  make  report  as 
to  the  printing  of  such  number  of  copies  of  the  Journal  of  the 
proceedings  of  this  Convention  as  may  be  ordered,  and  recommend 
the  passage  of  the  following  resolution,  viz : 

Resolved,  That  the  Secretary  of  this  Convention  procure  to  be 
printed  by  JONES,  PURVIS  &  Co.,  on  the  terms  prescribed  by  law, 
such  job  printing  as  has  or  may  be  ordered  by  this  body,  and 
that  the  Committee  on  Printing  be  allowed  time  in  which  to  make 
further  report  as  to  the  printing  of  the  Journal  of  the  proceedings 
of  this  body. 

Respectfully  submitted, 

JOHN  E.  GARNER, 

Chairman, 

Which  report  was  received,  and  the  resolution  adopted. 

REPORT  ON   CREDENTIALS, 

Mr.  HOUSE,  of  Williamson,  from  the  Committee  on  Credentials, 
made  the  following  report,  which  was  received,  adopted,  and 
ordered  to  be  spread  on  the  minutes : 

The  Committee  on  Credentials  respectfully  report  that  they  have 
examined  the  credentials  of  the  following-named  persons,  and  find 
them  to  be  entitled  to  seats  as  members  of  this  Convention,  to-wit : 

From  the  County  of  Bedford — THOMPSON  BAKER  IVIE. 
From  the  County  of  Blount — WM.  HENDERSON  FINLEY, 
From  the  County  of  Bradley — SIMEON  PERRY  GAUT. 
From  the  County  of  Cannon — WARREN  CUMMINGS. 
From  the  County  of  Carroll — WM.  MOORE  WRIGHT. 
From  the  County  of  Claiborne — PETER  GRAHAM  FULKERSON. 
From  the  County  of  Cocke — MALCOLM  McNABB. 
From  the  County  of  Davidson — NEIL  SMITH  BROWN,  and  JOHN 
CLAIBORNE  THOMPSON. 

From  the  County  of  Dickson — THOMAS  CARTER  MORRIS. 
From  the  County  of  DeKalb — JOSEPH  HAYES  BLACKBURN. 
From  the  County  of  Fayette — EDWIN  HENRY  SHELTON. 
From  the  County  of  Franklin — JESSE  ARLEDGE. 
From  the  County  of  Gibson — SPARREL  HILL. 


57 

From  the  County  of  Giles — THOMAS  MckissiCK  JONES. 
From  the  County  of  Grainger — JAMES  WESLEY  BRANSON. 
From  the  County  of  Greene — JAMES  BRITTON. 
From  the  County  of  Hamilton — RICHARD  HENDERSON. 
From  the  County  of  Hardeman — JAMES  FENTRESS. 
From  the  County  of  Hardin — ARCHIBALD  GARRETT  McDouGAL. 
From  the  County  of  Hawkins — JOHN  NETHERLAND. 
From  the  County  of  Hay  wood — GEORGE  CAMP  PORTER. 
From  the  County  of  Henderson — JOHN  MAY  TAYLOR. 
From  the  County  of  Henry — JAMES  DAVIS  PORTER,  JR. 
From  the  County  of  Hickman — BOLLING  GORDON. 
From  the  County  of  Jackson — RICHARD  PRICE  BROOKS. 
From  the  County  of  Jefferson — WILLIAM  SAMPLE. 
From  the  County  of  Knox — JOHN  BAXTER. 
From  the  County  of  Lawrence — THOS.  DANIEL  DEAVENPORT. 
From  the  County  of  Lincoln — GEORGE  WASHINGTON  JONES. 
From  the  County  of  Madison — ALEXANDER  WM.  CAMPBELL. 
From  the  County  of  Marion — WILLIAM  BYRNE. 
From  the  County  of  Marshall — RICHARD  WARNER,  JR. 
From  the  County  of  Maury — WILLIAM  VANCE  THOMPSON. 
From  the  County  of  McNairy — JOHN  HENDERSON  MEEKS. 
From  the  County  of  McMinn — ARCHIBALD  BLIZARD. 
From  the  County  of  Monroe — JAMES  AYER  COFFIN. 
From  the  County  of  Montgomery — DAVID  NEWTON  KENNEDY. 
From  the  County  of  Obion — CHAS.  NICHOLAS  GIBBS. 
From  the -County  of  Overton — ZACH.  ROBINSON  CHOWNING. 
From  the  County  of  Roane — WILLIAM  BROWN  STALEY. 
From  the  County  of  Robertson — JOHN  EWING  GARNER. 
From  the  County  of  Rutherford — JOHN  WILLIAMS  BURTON. 
From  the  County  of  Stewart — NATHAN  BRANDON. 
From  the  County  of  Sullivan — WM.  VAN  ALBADE  DEADERICK. 
From  the  County  of  Sumner — JAMES  JONES  TURNER. 
From  the  County  of  Shelby — WILLIAM  HENRY  STEPHENS  and 
JOSEPH  BROWN  HEISKELL. 

From  the  County  of  Smith — JOHN  ALLEN. 

From  the  County  of  Warren — HUGH  LAWSON  WHITE  HILL. 

From  the  County  of  Wayne — ROBERT  PERRY  CYPERT. 

From  the  County  of  Washington — SAM'L  JACOB  KIRKPATRICK. 

From  the  County  of  Weakley — JOHN  ALMUS  GARDNER. 


58 

From   the   County  of  White — GEORGE  GIBBS   DIBBRELL. 
From  the  County  of  Wilson — SAMUEL  GEORGE  SHEPARD  and 
WILLIAM  HENRY  WILLIAMSON. 

From  the  County  of  Williamson — SAMUEL  SMITH  HOUSE. 

From  the  Counties  of  Carter  and  Johnson — WILLIAM  BLOUNT 
CARTER. 

From  the  Counties  of  Greene,  Hawkins,  Hancock  and  Jefferson— 
ARTHUR  ABSALOM  KYLE. 

From  the  Counties  of  Knox  and  Sevier — JOSEPH  ALEXANDER 
MABRY. 

From  the  Counties  of  Anderson  and  Campbell — HENRY  RICH- 
ARD GIBSON. 

From  the  Counties  of  Scotty  Morgan  and  Fentress — JAMES 
CRAWFORD  PARKER. 

From  the  Counties  of  Polk,  McMinn,  and  Meigs — THEOPHILUS 
MERIKEN  BURKETT. 

From  the  Counties  of  Rhea,  Bledsoe,  Hamilton,  and  Sequatchie— 
DAVID  MCKENDREE  KEY. 

From  the  Counties  of  Grundy,  Coffee  and  Van  Buren — MATT. 
MARTIN. 

From  the  Counties  of  Smith,  Sumner  and  Macon — GEORGE  ED- 
WARD SEAY. 

From  the  Counties  of  Davidson,  Robertson  and  Montgomery — 
JOHN  FORD  HOUSE. 

From  the  Counties  of  Rutherford  and  Bedford — JOHN  EASTER 
DROMGOOLE. 

From  the  Counties  of  Lincoln,  Giles  and  Marshall — JOHN  CAL- 
VIN BROWN. 

From  the  Counties  of  Williamson,  Maury  and  Lewis — ALFRED 
OSBORNE  POPE  NICHOLSON. 

From  the  Counties  of  Benton  and  Humphreys — WM.  FRENCH 

DOHERTY. 

From  the  Counties  of  Perry  and  Deeatur — GEORGE  WASHING- 
TON WALTERS. 

From  the  Counties  of  Carroll,  Gibson,  Madison  and  Henry— 
JAMES  STEPHEN  BROWN. 

From  the  Counties  of  Dyer  and  Lauderdale — ALFRED  TYLER 
FIELDER. 


59 

From  the  Counties  of  Tipton,  Shelby  and  Fayette — HUMPHREY 
RASCOE  BATE. 

AMENDMENTS  PROPOSED. 

Mr.  DIBBRELL  submitted  the  following  resolution  : 
Resolved,  That  the  Judiciary  Committee  be  instructed  to  inquire 
into  and  report  the  propriety  of  amending  the  Constitution  so  as  to 
adopt  the  two-term  system  of  the  Circuit  Courts,  and  of  reducing 
the  number  of  Circuits  in  this  State  to  twelve,  and  of  reducing  the 
number  of  Chancery  Divisions  to  eight.  The  Chancellors  and 
Judges,  as  well  as  Clerks  of  said  Courts,  to  be  elected  by  the  quali- 
fied voters  of  their  respective  Counties,  Circuits  or  Divisions. 

Mr.  STALEY  offered  the  following  resolution,  which  was  referred 
to  the  Committee  on  the  Judiciary : 

Resolved,  That  the  Circuit  Judges  of  this  State  shall  be  required 
to  reduce  to  writing  their  charges  to  traverse  juries  before  deliver- 
ing the  same.  After  the  charges  have  been  delivered  they  shall  be 
filed  with  the  papers  in  the  cause,  and  shall  not  afterwards  be 
altered  or  added  to. 

Mr.  TAYLOR  submitted  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Judiciary : 

Resolved,  That  Section  2,  of  Article  IV.,  be  so  amended  as  to 
read  as  follows  :  The  Supreme  Court  shall  consist  of  a  Chief  Jus- 
tice and  four  Associate  Justices.  The  number  of  Associate  Justices 
may  be  increased  or  decreased  by  law,  but  shall  never  be  less  than 
two*  That  this  be  referred  to  the  Committee  on  the  Judiciary. 


REPORT   OF  THE   COMMITTEE   ON   BILL  OF   RIGHTS. 

Mr.  BAXTER,  from  the  Committee  on  the  Bill  of  Rights,  made 
the  following  report,  which  was  ordered  to  be  laid  on  the  table  and 
printed : 

WHEREAS,  The  people  of  the  territory  of  the  United  States  south 
of  the  Ohio  river,  having  the  right  of  admission  into  the  General 
Government  as  a  member  State  thereof,  consistent  with  the  Consti- 
tution of  the  United  States,,  and  the  act  of  cession  of  the  State  of 
North  Carolina,  recognizing  the  ordinance  for  the  government  of 
the  territory  of  the  United  States  north-west  of  the  Ohio  River,  by 
their  Delegates  and  Representatives  in  Convention  assembled,  did, 
on  the  sixth  day  of  February,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  ninety -six,  ordain  and  establish  a  Constitution, 
or  form  of  government,  and  mutually  agreed  with  each  other  to 


60 

form  themselves  into  a  free  and  independent  State,  by  the  name  of 
the  State  of  Tennessee ;  and 

WHEREAS,  The  General  Assembly  of  said  State  of  Tennessee, 
(pursuant  to  the  third  Section  of  the  tenth  Article  of  the  Constitu- 
tion,) by  an  act  passed  on  the  twenty-seventh  day  of  November,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-three, 
entitled,  "An  Act  to  provide  for  the  calling  of  a  Convention,"  did 
authorize  and  provide  for  the  election  by  the  people  of  delegates 
and  representatives,  to  meet  at  Nashville,  in  Davidson  County,  on 
the  third  Monday  in  May,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-four,  for  the  purpose  of  revising  and 
amending  or  changing  the  Constitution  ;  and 

WHEKEAS,  The  General  Assembly  of  the  State  of .  Tennessee,  under 
and  in  virtue  of  the  first  Section  of  the  first  Article  of  the  Declaration 
of  Rights,  contained  in  and  forming  a  part  of  the  existing  Constitu- 
eion  of  the  State,  by  an  act  passed  on  the  fifteenth  day  of  November,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-nine,  en- 
titled, "An  Act  to  authorize  the  people  to  call  a  Convention,  and  JOT 
other  purposes"  did  authorize  the  people  of  the  State  to  call  a  Conven- 
tion, to  meet  at  Nashville,  on  the  second  Monday  in  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy,  and  to 
elect  delegates  thereto,  for  the  purpose  of  amending,  revising,  or  form- 
ing and  making  a  new  Constitution  ;  and 

WHEREAS,  The  people  of  the  State,  in  pursuance  of,  and  in  the 
mode  authorized  by  said  Act,  have  called  said  Convention,  and  elected 
delegates  to  represent  them  therein  ;  now,  therefore, 

We,  the  Delegates  and  Representatives  of  the  people  of  the  State 
of  Tennessee,  duly  elected  and  in  Convention  assembled,  in  pursu- 
ance of  said  Act  of  Assembly,  have  ordained  and  established  the 
following  Constitution  and  form  of  government  for  this  State,  which 
we  recommend  to  the  people  of  Tennessee  for  their  ratification :  that 
is  to  say — 

ARTICLE   I. 

DECLARATION   OF    RIGHTS, 

Sec.  1.  That  all  power  is  inherent  in  the  people,  and  all  free  gov- 
ernments are  founded  on  their  authority,  and  instituted  for  their 
peace,  safety,  and  happiness ;  for  the  advancement  of  those  eiuls 
they  have,  at  all  times,  an  unalienable  and  indefeasible  right  to 
alter,  reform,  or  abolish  the  government  in  such  manner  as  they 
may  think  proper. 

Sec.  2.  That  government  being  instituted  for  the  common  benefit, 
the  doctrine  of  non-resistance  against  arbitrary  power  and  oppres- 
sion is  absurd,  slavish,  and  destructive  of  the  good  and  happiness 
of  mankind. 


61 

Sec.  3.  That  all  men  have  a  natural  and  indefeasible  right  to 
worship  Almighty  God  according  to  the  dictates  of  their  own  con- 
science ;  that  no  man  can,  of  right,  be  compelled  to  attend,  erect,  or 
support  any  place  of  worship,  or  to  maintain  any  minister  against 
his  consent ;  that  no  human  authority  can,  in  any  case  whatever, 
control  or  interfere  with  the  rights  of  conscience ;  and  that  no  pre- 
ference shall  ever  be  given,  by  law,  to  any  religious  establishment 
or  mode  of  worship. 

Sec.  4.  That  no  religious  or  political  test,  other  than  an  oath  to 
support  the  Constitution  of  the  United  States  and  of  this  State,  shall 
ever  be  required  as  a  qualification  to  any  office  or  public  trust  under/ 
this  State. 

Sec.  5.  That  elections  shall  be  free  and  equal,  and  the  right  of 
suffrage,  as  hereinafter  declared,  shall  never  be  denied  to  any  person 
entitled  thereto,  except  upon  a  conviction  by  a  jury  of  some  infamous    / 
crime,  previously  ascertained  and  declared  by  law,  and  the  judgment 
thereon  by  a  court  of  compentent  jurisdiction. 

Sec.  6.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  7.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions  from  unreasonable  searches  and  seizures ; 
and  that  general  warrants,  whereby  an  officer  may  be  commanded 
to  search  suspected  places,  without  evidence  of  the  fact  committed, 
or  to  seize  any  person  or  persons  not  named,  whose  offences  are  not 
particularly  described  and  supported  by  evidence,  are  dangerous  to 
liberty,  and  ought  not  to  be  granted. 

Sec.  8.  That  no  man  shall  be  taken  or  imprisoned,  or  disseized  of 
his  freehold,  liberties  or  privileges,  or  outlawed  or  exiled,  or  in  any 
manner  destroyed,  or  deprived  of  his  life,  liberty,  or  property,  but 
by  the  judgment  of  his  peers,  or  the  law  of  the  land. 

Sec.  9.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right 
to  be  heard  by  himself  and  his  counsel ;  to  demand  the  nature  and 
cause  of  the-  accusation  against  him,  and  to  have  a  copy  thereof :  to 
meet  the  witnesses  face  to  face ;  to  have  compulsory  process  for  ob- 
taining witnesses  in  his  favor;  and  in  prosecutions  by  indictment  or 
presentment,  a  speedy  public  trial  by  an  impartial  jury  of  the 
County  or  District  in  which  the  crime  shall  have  been  committed, 
unless  the  same  shall  be  changed,  for  good  cause,  to  another  County  or 
District  in  the  mode  to  be  prescribed  by  a  general  public  law,  passed 
before  the  alleged  commission  of  the  offense;  and  shall  not  be  com- 
pelled to  give  evidence  against  himself. 

Sec.  10.  That  no  person  shall,  for  the  same  offence,  be  twice  put 
in  jeopardy  of  life  or  limb. 

Sec.  11.  That  laws  made  for  the  punishment  of  acts  committed 
previous  to  the  existence  of  such  laws,  and  by  them  only  declared 
criminal,  are  contrary  to  the  principles  of  a  free  government ; 
wherefore  no  ex  post  facto  law  shall  be  made. 

Sec.  12.  That  no  conviction  shall  work  corruption  of  blood  or 


62 

forfeiture  of  estate.  The  estate  of  such  persons  as  shall  destroy 
their  own  lives  shall  descend  or  vest  as  in  case  of  natural  death.  If 
any  person  be  killed  by  casualty,  there  shall  be  no  forfeiture  in  con- 
sequence thereof. 

Sec.  13.  That  no  person  arrested  and  confined  in  jail  shall  be 
treated  with  unnecessary  rigor. 

Sec.  14.  That  no  citizen  shall  be  put  to  answer  any  criminal 
charge  but  by  presentment,  indictment  or  impeachment. 

Sec.  15.  That  all  prisoners  snail  be  bailable  by  sufficient  sure- 
ties, unless  for  capital  offenses,  when  the  proof  is  evident  or  the 
presumption  great.  And  the  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended,  unless  when  in  case  of  rebellion  or  invasion 
the  General  Assembly  shall  declare  the  public  safety  requires  it. 

Sec.  16.  That  excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Sec.  17.  That  all  courts  shall  be  open;  and  every  man,  for  an  in- 
jury done  him  in  his  lands,  goods,  person  or  reputation,  shall  have 
remedy  by  due  course  of  law,  and  right  and  justice  administered 
without  sale,  denial  or  delay.  Suits  may  be  brought  against  the 
State,  in  such  manner  and  in  such  courts  as  the  Legislature  may,  by 
law,  direct.. 

Sec.  18.  That  the  person  of  a  debtor,  where  there  is  not  strong 
presumption  of  fraud,  shall  not  be  continued  in  prison  after  deliv- 
ering up  his  estate  for  the  benefit  of  his  creditor  or  creditors,  in 
such  manner  as  shall  be  prescribed  by  law. 

Sec  19.  That  thefc printing  presses  shall  be  free  to  every  person 
who  undertakes  to  examine  the  proceedings  of  the  Legislature,  or  of 
any  branch  or  officer  of  the  government ;  and  no  law  shall  ever  be 
made  to  restrain  the  right  thereof.  The  free  communication  of 
thoughts  and  opinions  is  one  of  the  invaluable  rights  of  man,  and 
every  citizen  may  freely  speak,  write  and  print  on  any  subject, 
being  responsible  for  the  abuse  of  that  liberty.  But  in  prosecutions 
for  the  publication  of  papers  investigating  the  official  conduct  of 
officers  or  men  in  public  capacity,  the  truth  thereof  may  be  given 
in  evidence ;  and  in  all  indictments  for  libels,  the  jury  shall  have  a 
right  to  determine  the  law  and  the  facts,  under  the  direction  of  the 
court,  as  in  other  criminal  cases. 

Sec.  20.  That  no  retrospective  law,  or  law  impairing  the  obliga- 
tions of  contracts,  shall  be  made. 

Sec.  21.  That  no  man's  particular  services  shall  be  demanded,  or 
property  taken,  or  applied  to  public  use,  without  the  consent  01  his 
representatives,  or  without  just  compensation  being  made  therefor. 

Sec.  22.  That  perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a  free  State,  and  shall  not  be  allowed. 

Sec.  23.  That  the  citizens  have  a  right  in  a  peaceable  manner  to 
assemble  together  for  their  common  good,  to  instruct  their  represen- 
tatives, and  to  apply  to  those  invested  with  the  powers  of  govern- 


63 

ment  for  redress  of  grievances,  or  other  purposes,  by  address  or  re- 
monstrance. 

Sec.  24.  That  the  sure  and  certain  defense  of  a  free  people  is  a 
well  regulated  militia ;  and,  as  standing  armies  in  time  of  peace  are 
dangerous  to  freedom,  they  ought  to  be  avoided  as  far  as  the  cir- 
cumstances and  safety  of  the  community  will  admit ;  and  that  in  all 
cases  the  military  shall  be  kept  in  strict  subordination  to  the  civil 
authority. 

Sec.  25.  That  no  citizen  of  this  State,  except  such  as  are  employed 
in  the  army  of  the  United  States,  or  militia  in  actual  service,  shall 
be  subjected  to  punishment  under  the  martial  law. 

Sec,  26.  That  the  citizens  of  this  State  have  a  right  to  keep  and 
to  bear  arms  for  their  common  defense. 

Sec.  27.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner ;  nor  in  time  of  war, 
but  in  a  manner  prescribed  by  law. 

Sec.  28.  That  no  citizen  of  this  State  shall  be  compelled  to  bear 
arms,  provided  he  will  pay  an  equivalent  to  be  ascertained  by  law. 

Sec.  29.  That  an  equal  participation  of  the  free  navigation  of  the 
Mississippi  is  one  of  the  inherent  rights  of  the  citizens  of  this  State  ; 
it  cannot,  therefore,  be  conceded  to  any  prince,  potentate,  power, 
person  or  persons  whatever. 

Sec.  30.  That  no  hereditary  emoluments,  privileges  or  honors, 
shall  ever  be  granted  or  conferred  in  this  State. 

Sec.  31.  That  the  limits  and  boundaries  of  this  State  be  ascer- 
tained, it  is  declared  they  are  as  heretofore  mentioned,  that  is  to 
say :  Beginning  on  the  extreme  height  of  the  Stone  Mountain.,  at 
the  place  where  the  line  of  Virginia  intersects  it,  in  latitude  thirty- 
six  degrees  and  thirty  minutes  north  ;  running  thence  along  the 
extreme  height  of  said  mountain,  to  the  place  where  Watauga  River 
breaks  through  it ;  thence  in  a  direct  course  to  the  top  of  the  Yel- 
low Mountain,  where  Bright's  road  crosses  the  same ;  thence  along 
the  ridge  of  said  mountain,  between  the  waters  of  Doe  River  and  the 
waters  of  Rock  Creek,  to  the  place  where  the  road  crosses  the  Iron 
Mountain ;  from  thence  along  the  extreme  height  of  said  mountain, 
to  the  place  where  Nolichucky  River  runs  through  the  same  ;  thence 
to  the  top  of  the  Bald  Mountain  ;  thence  along  the  extreme  height 
of  said  mountain,  to  the  Painted  Rock,  on  French  Broad  River ; 
thence  along  the  highest  ridge  of  said  mountain,  to  the  place  where 
it  is  called  the  Great  Iron  or  Smoky  Mountain ;  thence  along  the 
extreme  height  of  said  mountain,  to  the  place  where  it  is  called 
Unicoi  or  Unaka  Mountain,  between  the  Indian  towns  of  Cowee 
and  Old  Chota ;  thence  along  the  main  ridge  of  said  mountain,  to 
the  southern  boundary  of  this  State,  as  described  in  the  act  of  ces- 
sion of  North  Carolina  to  the  United  States ;  and  that  all  the  ter- 
ritory, lands  and  waters  lying  west  of  said  line,  as  before  men- 
tioned, and  contained  within  the  chartered  limits  of  the  State  of 


64 

North  Carolina,  are  within  the  boundaries  and  limits  of  this  State, 
over  which  the  people  have  the  right  of  exercising  sovereignty,  and 
the  right  of  soil,  so  far  as  is  consistent  with  the  Constitution  of  the 
United  States,  recognizing  the  Articles  of  Confederation,  the  Bill 
of  Eights,  and  Constitution  of  North  Carolina,  the  cession  act  of 
the  said  State,  and  the  ordinance  of  Congress  for  the  government  of 
the  territory  North-west  of  the  Ohio;  Provided,  nothing  herein 
contained  shall  extend  to  affect  the  claim  or  claims  of  individuals 
to  any  part  of  the  soil  which  is  recognized  to  them  by  the  aforesaid 
cession  act;  And  provided  also,  that  the  limits  and  jurisdiction  of 
this  State  shall  extend  to  any  other  land  and  territory  now  ac- 
quired, by  compact  or  agreement,  with  other  States  or  otherwise, 
although  such  land  and  territory  are  not  included  within  the  bound- 
aries hereinbefore  designated. 

Sec.  32.  The  erection  of  safe  and  comfortable  prisons,  the  inspec- 
tion of  prisons,  and  the  humane  treatment  of  prisoners  shall  be  pro- 
vided for. 

Sec.  33.  That  Slavery  and  involuntary  servitude,  except  as  a  pun- 
nishment  for  crime,  whereof  the  party  shall  have  been  duly  convicted, 
are  forever  prohibited  in  this  State. 

Sec.  34.  The  General  Assembly  shall  make  no  law  recognizing  the 
right  of  property  in  man. 

JOHN  BAXTER,  Chairman. 

On  motion  of  Mr.  JONES,  of  Lincoln,  the  Convention  adjourned 
until  to-morrow  morning,  at  10  o'clock. 


FRIDAY   MORNING,  JANUARY  14,  1870. 

The   Convention  met   pursuant   to   adjournment,  Mr.  President 
Brown  in  the  Chair. 

Prayer  by  the  Rev.  Dr.  Redford. 

The  Journal  of  yesterday  was  read,  corrected  and  approved. 

The  roll  was  called  for  petitions  and  memorials,  when — 


65 

FEDERAL   REPRESENTATION. 

Mr.  BLACKBURN  offered  the  following  resolutions,  which  were 
read  and  referred  to  the  Committee  on  Miscellaneous  Provisions : 

WHEREAS,  All  power  being  inherent  in  the  people,  as  guaran- 
teed by  the  Constitution  of  Tennessee,  as  well  as  the  Constitution 
of  the  United  States,  set  forth  in  the  first  Article  of  the  Bill  of 
Rights  of  each ;  therefore,  be  it 

Resolved,  That  it  is  the  duty  of  this  Convention  to  see  that  no 
law  shall  be  passed  calculated  to  destroy,  impair  or  diminish  the 
representation  of  this  State  in  the  Congress  of  the  United  States ; 

Resolved,  That  this  Convention,  deriving  its  power  from  the  peo- 
ple, will  not  make,  pass,  alter,  change  or  amend  the  fundamental 
law  of  the  State,  so  as  to  diminish  or  alter  the  power  of  this  State 
in  the  Congress  of  the  United  States ; 

Resolved,  That  these  resolutions  be  referred  to  the  Committee  on 
the  Constitution. 

AMENDMENTS  PROPOSED. 

Mr.  BRITTON  offered  the  following  resolution  which  was  referred 
to  the  Committee  on  Miscellaneous  Provisions  : 

Resolved,  That  as  all  power  is  inherent  in  the  people,  and  as  free 
governments  were  instituted  for  their  mutual  protection  and  secur- 
ity, it  is  therefore  eminently  proper  that  all  the  offices  created  by 
the  Constitution  in  the  various  co-ordinate  branches  of  the  State 
government  should  be  elected  by  and  derive  their  power  directly 
from  the  people. 

Mr.  CARTER  submitted  the  following  amendments  to  the  Consti- 
tution, which  were  read  and  referred  to  the  Committees  Franchise 
and  Elections : 

Article  II,  Section  7.  The  first  election  for  Senators  and  Repre- 
sentatives shall  be  held  on  the  first  Tuesday  in  November,  one 
thousand  eight  hundred  and  seventy  ;  and  forever  thereafter,  elec- 
tions for  members  of  the  General  Assembly  shall  be  held  once  in 
two  years,  on  the  first  Tuesday  in  November ;  said  election  shall 
terminate  the  same  day. 

Sec.  8.  The  first  session  of  the  General  Assembly  shall  com- 
mence on  the  first  Monday  in  January,  one  thousand  eight  hundred 
and  seventy-one ;  and  forever  thereafter  the  General  Assembly 
shall  meet  on  the  first  Monday  in  January  next  ensuing  the  elec- 
tion. 

Mr.  DEAVENPORT  introduced  the  following  resolution,  which  w:is 
read  and  referred  to  the  Committee  on  the  Legislative  Department : 
5 


66 

Resolved,  That  the  appropriate  committee  be  instructed  to  inquire 
and  report  upon  the  expediency  and  practicability  of  establishing 
natural  and  permanent  boundaries  to  govern  and  control  the  repre- 
sentation in  the  General  Assembly  of  the  State,  instead  of  the  two- 
thirds  ratio,  as  provided  for  in  Section  5,  Article  II,  of  the  present 
Constitution. 

Mr.  DOHERTY  offered  the  following  preamble  and  resolution, 
which  were  read  and  referred  to  the  Committee  on  the  Legislative 
Department : 

WHEREAS,  Much  of  the  valuable  time  of  the  Legislature  is  ap- 
propriated in  the  passage  of  local  and  private  laws,  to  the  hind- 
rance of  the  public  interest  : 

Resolved,  That  the  Committee  on  the  Legislative  Department  be 
requested  to  examine  and  report  whether  or  not  it  would  be  to  the 
interest  of  the  State  to  divest  the  Legislature  of  the  power  of  enact- 
ing private  acts,  and  that  power  be  vested  in  such  court  or  courts  as 
shall  be  designated  by  law. 

Mr.  FINLEY  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Franchise : 

Resolved,  That  every  male  person,  regardless  of  race  or  color,  if 
qualified,  having  arrived  at  the  age  that  may  hereafter  be  prescribed 
by  law,  shall  be  eligible  to  any  office  to  which  he  may  be  elected  by 
a  popular  vote  of  the  qualified  voters  of  the  County  or  District 
where  he  resides. 

Mr.  FINLEY  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Franchise,  etc, : 

Resolved,  That  every  male  person  of  the  age  of  twenty -one  years, 
regardless  of  race  or  color,  not  convicted  of  infamous  crime,  being 
a  citizen  of  the  United  States  and  of  the  State  of  Tennessee  twelve 
months,  and  of  the  county  where  he  may  offer  his  vote  three 
months  preceding  the  day  of  election,  shall  be  entitled  to  vote  for 
members  of  the  General  Assembly  and  all  other  civil  officers  for  the 
County  or  District  where  he  resides. 

Mr.  FENTRESS  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Bill  of  Rights : 

Resolved,  That  the  Committee  on  the  Bill  of  Rights  be  requested 
to  report  whether  Section  15  of  the  Bill  of  Rights  should  not  be  so 
amended  as  to  provide  that  the  writ  of  habeas  corpus  shall  not  be 
suspended  or  denied  in  any  case. 

Mr.  FIELDER  submitted  the  following  preamble  and  resolution, 
which  were  read  and  referred  to  the  Committee  on  the  Legislative 
Department : 


67 

WHEREAS,  The  powers  of  the  State  Government  are  composed  of 
three  co-ordinate  branches,  viz.  :  the  Legislative,  Executive,  and 
Judicial ;  therefore  be  it 

Resolved,  That  the  Legislative  Committee  be  requested  to  inquire 
whether  or  not  any  amendment  to  the  present  Constitution  is  neces- 
sary to  keep  them  separate  and  distinct,  so  that  the  one  may  not 
infringe  upon  the  rights  of  the  other,  and  if  so,  report  the  same  to 
this  body. 

Mr.  GIBSON  submitted  the  following  amendments  to  the  Consti- 
tution, which  were  read  and  referred  to  the  Committee  on  the  Judi- 
ciary Department : 

Article  — ,  Section  — .  The  number  of  Law  Circuits  shall  never 
exceed  one  for  every  75,000  inhabitants  ;  and  the  number  of  Chan- 
cery Divisions  shall  never  exceed  one  for  every  100,000  inhabit- 
ants. But  in  establishing  Circuits  and  Divisions,  territory  and 
population  shall  be  so  equalized  that  the  labors  of  the  several 
Judges  and  the  several  Chancellors  shall  be  equalized  as  nearly 
as  possible. 

Sec.  — .  No  Judicial  officer  shall  be  a  candidate  before  the  people 
for  any  other  than  a  Judicial  office,  directly  or  indirectly.  And  the 
election  of  any  such  officer  by  the  people  during  his  incumbency,  or 
for  one  year  thereafter,  shall  be  absolutely  void. 

Sec.  — .  The  Legislature  may,  by  joint  resolution,  two-thirds  in 
each  House  concurring,  remove  from  office  any  Judge,  Chancellor, 
or  State's  Attorney,  for  crime,  corruption,  incompetency,  drunken- 
ness, neglect,  or  violation  of  duty,  or  other  conduct  unbecoming 
such  an  officer.  Provided,  That  such  officer,  when  accused,  shall  be 
allowed  to  present  his  evidence  and  argument,  in  writing,  at  the 
bar  of  the  two  Houses  in  joint  session.  But  each  House  shall  vote 
separately  by  ayes  and  noes,  and  the  same  shall  be  entered  on  the 
Journals  of  each  House,  together  with  the  cause  or  causes  of  re- 
moval. 

Mr.  GIBSON  submitted  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Judicial  Department  : 

Resolved,  That  the  Judiciary  Committee  be  requested,  if  they  de- 
cide against  the  Judges  and  District  Attorneys  being  chosen  by  the 
people,  to  consider  the  propriety  of  having  Circuit  Judges,  Chancel- 
lors, and  District  Attorneys  nominated  by  the  Supreme  Court  and 
confirmed  by  the  Senate. 

Mr.  HILL,  of  Gibson,  offered  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  the  Judicial  Department : 

Resolved,  That  Section  10,  of  Article  VI,  of  the  present  Consti- 
tution be  so  amended  as  to  read  as  follows : 


68 

"  Judges  or  Justices  of  such  Inferior  Courts  of  Law  and  Equity 
as  the  Legislature  may  establish  shall  have  power  in  all  civil  cases 
to  issue  writs  of  Certiorari  to  remove  any  cause  or  transcript  there- 
of from  inferior  jurisdiction  into  said  Courts  of  Law  on  sufficient 
cause  supported  by  oath  or  affirmation.  ; 

MEMORIAL. 

Mr.  HILL,  of  Gibson,  presented  a  memorial,  signed  by :  255  citi- 
zens, praying  a  change  in  the  Constitution  of  the  State  in  relation 
to  the  formation  of  new  counties,  which  was  read  and  referred  to 
the  Committee  on  New  Counties  and  County  Lines. 

AMENDMENTS  PROPOSED. 

Mr.  HOUSE,  of  Williamson,  submitted  the  following  amendments 
to  the  Constitution,  which  were  read  and  referred  to  the  Committee 
on  Judiciary. 

Resolved,  That  Article  V,  of  the  Constitution  be  amended  as 
follows : 

Sec.  1.  The  Governor,  Judges  of  the  Supreme  Court,  Judges  of 
Inferior  Courts,  Chancellors,  Attorneys  for  the  State  and  Secretary 
of  State  shall  be  liable  to  impeachment,  whenever  they  may  commit 
any  offence  in  their  official  capacity,  which  may  require  disqualifica- 
tion; but  judgment  shall  only  extend  to  removal  from  office  and 
disqualification  to  fill  any  office  thereafter.  The  party  shall  never- 
theless, be  liable  to  indictment,  trial,  judgment  and  punishment 
according  to  law. 

•Se.c.  2.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeaching  the  Governor,  Judges  of  the  Supreme  Court,  the 
Attorney  General  for  the  State  and  the  Secretary  of  State. 

Sec.  3.  All  impeachments  of  any  of  the  officers  mentioned  in 
Section  2  shall  be  tried  by  the  Senate;  and  when  sitting  for  that 
purpose  the  Senators  shall  be  upon  oath  or  affirmation — and  presid- 
ed over  by  the  Senior  Judge  of  the  Supreme  Court  of  the  State.  If 
the  senior  Judge  should  be  impeached  then  the  Senate  shall  be  pre- 
sided over  by  the  next  senior  Judge  of  the  Supreme  Court. 

No  person  shall  be  convicted  without  the  concurrence  of  two 
thirds  of  the  Senators  sworn  to  try  the  officer  impeached. 

Sec.  4.  The  House  of  Representatives  shall  elect  from  their  own 
body  three  members,  whose  duty  it  shall  be  to  prosecute  impeach- 
ments. No  impeachment  shall  be  tried  until  the  Legislature  shall 
have  adjourned  sine  die,  when  the  Senate  shall  proceed  to  try 
such  impeachment. 

Sec  5.  All  Judges  of  Inferior  Courts,  Chancellors  and  Attorneys 
for  the  State,  for  the  several  Judicial  Districts  or  Circuits,  shall  be 


69 

liable  to  impeachment  for  crimes  and  misdemeanors  in  office  at  the 
instance  and  upon  the  prosecution  of  any  citizen  in  the  Supreme 
Court  of  the  State,  in  such  manner  as  the  Legislature  may  by  law 
direct. 

Sec.  6.  Justices  of  the  Peace  and  other  civil  officers  not  herein 
before  mentioned,  for  crimes  and  misdemeanors  in  office,  shall  be 
liable  to  indictment  in  such  courts  as  the  Legislature  may  direct ; 
and  upon  conviction,  shall  be  removed  from  office  by  said  court  as 
if  found  guilty  on  impeachment ;  and  shall  be  subject  to  such  other 
punishment  as  may  be  prescribed  by  law. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  offered 
the  following  resolution,  which  was  read  and  referred  to  the  Com- 
mittee on  New  Counties  and  County  Lines. 

Resolved,  That  the  county  of  Cheatham,  as  now  established,  be, 
and  the  same  is  hereby  declared  to  be  a  Constitutional  county. 

Mr.  IVIE  offered  the  following  resolution,  which  was  read  and 
referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  Section  — ,  Article  — ,  of  the  present  Constitu- 
tion be  amended  so  as  to  prohibit  the  Legislature  of  this  State  from 
granting  any  charter  of  incorporation,  except  to  Banks  and  Inter- 
nal Iprovements.  And  that  no  charter  shall  be  granted  for  any 
bank  unless  the  same  shall  have  a  capital  stock  of  five  hundred 
thousand  dollars.  One  half  of  which  shall  be  paid  in  before  said 
corporation  shall  be  entitled  to  do  business  under  the  charter. 

Mr.  JONES,  of  Giles,  submitted  the  following  amendment  to  the 
Constitution,  which  was  read  and  referred  to  the  Committee  on 
Franchise  : 

"  Resolved,  That  the  Committee  on  Elections  and  Franchise  be 
instructed  to  so  amend  Article  IV,  of  the  Constitution  of  Tennessee, 
as  that  the  same  shall  read :  "  Every  freeman  of  the  age  of  twenty- 
one  years,  being  a  citizen  of  the  United  States,  and  a  resident  of 
the  State  two  years,  and  of  the  county,  in  which  he  may  offer  his 
vote,  twelve  months  next  preceeding  the  day  of  election,  and  having 
paid  his  poll  tax,  shall  be  entitled  to  vote  for  members  of  the 
General  Assembly,  and  other  civil  officers  for  the  county  or  district 
in  which  he  resides." 

Mr.  McNABB  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Franchise  : 

Resolved,  That  no  law  shall  ever  be  passed  in  the  State  of  Ten\      /. 
nessee,  debarring  any  man  from  voting  in  any  election  in  couse^ 
quence  of  not  having  paid  his  tax,  prior  to  said  election. 

Mr.  IVIE  offered  the  following  resolution,  which  wate  read  and 
referred  to  the  Committee  on  the  Legislative  Department : 


70 

Resolved,  That  the  present  Constitution  of  the  State  of  Tennes- 
see be  so  amended  as  to  prohibit  the  State  Legislature  from  passing 
any  bill  granting  State  aid  to  Internal  Improvements.  And  so  as  to 
prohibit  the  Legislature  from  passing  any  bill  by  the  provisions  of 
which  the  State  shall  become  a  joint  stock-holder  in  any  incorpora- 
tion ;  Provided  the  State  may  build  roads  or  improve  the  navigation 
of  rivers,  if  authorized  so  to  do  by  the  Legislature. 

Mr.  McNABB  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Miscellaneous  Provisions  : 

Resolved,  That  the  Legislature  of  the  State  of  Tennessee,  shall 
pass  a  common  school  law,  and  such  an  one  as  in  their  judgment 
will  be  for  the  very  best  interest  to  the  children  of  the  State,  and  a 
reasonable  school  tax. 

Mr.  PORTER,  of  Hay  wood,  offered  the  following  resolution,  which 
was  read  and  referred  to  the  Committee  on  Miscellaneous  Provisions : 

Resolved,  That  the  body  having  the  power  to  fix  and  determine 
the  salary  of  the  Governor  and  Judges  of  the  State,  shall  not  reduce 
that  of  the  Governor  below  the  sum  of  $4,000  per  annum ;  that  of 
the  Judges  of  the  Supreme  Court,  below  $4,000  per  annum  ;  that  of 
Chancellors  and  Circuit  Judges,  below  $3,000  per  annum. 

REPORTS  CALLED  FOR. 

Mr.  PORTER,  of  Hay  wood,  offered  the  following  resolution,  which 
lies  over  under  the  rule  : 

Resolved,  That  the  Standing  Committees,  of  this  body,  be  and  the 
same  are  hereby  required  to  report  in  some  way  upon  all  proposi- 
tions or  resolutions,  that  have  been  or  may  hereafter  be  referred  to 
them.  That  in  case  of  rejection  of  any  resolution,  the  same  shall 
be  returned  to  this  body,  labelled  "  rejected,"  simply,  or  "  rejected 
because  the  substance  thereof,  has,  or  will  be  acted  upon  and  reported 
in  another  form  and  manner." 


JURISDICTION  OF    MAGISTRATES 

Mr.  PORTER,  of  Hay  wood,  submitted  the  following  resolution  : 

"Resolved,  That  reference  be  had  to  the  Judiciary  Committee,  to 
enquire  into  and  report  to  this  Convention  how  far  and  to  what  ex- 
tent, if  any,  the  jurisdiction  of  Justices  of  the  Peace  in  this  State, 
now  obtaining  on  notes  of  hand  to  the  sum  of  $500,  and  on  open 
accounts  to  the  sum  of  $250,  conflict  with  Article  VII,  of  the 
amendments  to  the  Constitution  of  the  United  States*"  Said  Art. 
being  in  words  and  figures  as  follows  :  '  In  suits  at  Common  law, 
when  the  value  in  controversy  shall  exceed  ($20)  Twenty  Dollars, 


71 

the  right  of  trial  by  Jury  shall  be  preserved ;  and  no  fact  tried  by 
a  Jury  shall  be  otherwise  re-examined  in  any  Court  of  the  United 
States  than  according  to  the  rules  of  the  common  law.7  >J 

REPORT    OF    PROCEEDINGS. 

Mr"  THOMPSON,  of  Maury,  offered  the  following  resolution,  which 
was  read  and  referred  to  the  Committee  on  Printing : 

Resolved,  That  William  H.  Drapier,  be  and  he  is  hereby  appoint^ 
ed  stenographic  reporter  for  this  Convention  and  that  he  be  author- 
ized to  furnish  three  thousand  copies  of  his  reports,  in  book  form 
for  which  he  shall  receive  the  same  compensation  as  is  now  paid,  by 
law,  for  public  printing,  of  the  same  grade. 

AMENDMENTS    PROPOSED. 

Mr.  WARNER  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Legislative  Department : 

Resolved^  That  Article  II,  Section  15,  of  the  Constitution  of 
1834,  be  so  amended  as  to  insert  the  words  "without  delay  "  be- 
tween the  word  "  shall "  and  "  issue,"  and  that  the  Legislative 
Committee  enquire  into  the  propriety  of  said  amendment. 

Mr.  WARNER  offered  the  following,  which  was  also  referred  to 
the  Committee  on  the  Legislative  Department : 

Resolved^  That  the  Committee  on  the  Legislative  Department  be 
required  to  report  upon  the  propriety  of  conferring  on  two-thirds 
of  the  Senate,  and  a  majority  of  all  the  members  of  the  House  of 
the  General  Assembly  the  power  to  grant  pardons  in  cases  of  im- 
peachments. 

Mr.  WARNER  offered  the  following,  which  was  read  and  referred 
to  the  Committee  on  Bill  of  Rights: 

Resolved)  That  the  following  proposition  be  presented  to  the 
Committee  on  the  Bill  of  Rights  : 

.xlst.  That  Article  I,  Section  5,  be  so  amended  as  to  strike  out  the 
words  "  free  man  "  between  the  words  "  no  "  and  "  shall,"  and  in- 
sert the  word  "  person ;"  and  to  insert  the  words  "  or  her "  be- 
tween the  words  "  his  "  and  "  freehold,"  and  that  the  words  "  or 
her  "  be  inserted  between  the  words  <(  his  "  and  liberty,"  and  that 
the  words  "or  her"  be  inserted  between  the  words  "his"  and 
"  peers,"  which  will  make  said  section  read  thus :  "  That  no  person 
shall  be  taken  or  imprisoned,  or  disseized  of  his  or  her  freehold, 
liberties  or  privileges,  or  outlawed  or  exiled,  or  in  any  manner  dis- 
trained or  deprived  of  his  or  her  life,  liberty  or  property,  but  by 
the  judgment  of  his  or  her  peers,  or  the  law  of  the  land." 

Be  it  also  resolved,  That  Section  9  of  said  Article  be  amended  as 


72 

follows  :  That  the  letters  "  self"  be  stricken  out  between  the  words 
"  himself/7  and  the  words  "  or  "  "  herself  "  be  inserted,"  and  that 
the  words  "  or  her "  be  inserted  between  the  words  "  his "  and 
"  counsel,"  and  that  the  words  "  or  her  "  be  inserted  between  the 
words  "  him "  and  "  and,"  and  that  the  words  "  or  her  "  be  in- 
serted between  the  words  "  his  "  and  "  favor,"  and  that  the  letters 
"  self"  in  the  last  word  in  said  section  be  stricken  out,  and  the 
words  "  or  herself "  be  added,  which  will  make  said  section  read 
thus :  "  That  in  all  criminal  prosecutions  the  accused  hath  a  right 
to  be  heard  by  him  or  herself  and  his  or  her  counsel,  to  demand  the 
nature  and  cause  of  the  accusation  against  him  or  her,  and  to  have 
a  copy  thereof;  to  meet  the  witnesses  face  to  face ;  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  or  her  favor ;  and  in 
prosecutions  by  indictment  or  presentment,  a  speedy,  public  trial 
by  an  impartial  jury  of  the  County  or  District  in  which  the  crime 
shall  have  been  committed ;  and  shall  not  be  compelled  to  give 
evidence  against  him  or  herself. 

Be  it  further  resolved,  That  section  13  of  said  Article  be  so 
amended  as  to  strike  out  the  word  "jail  '  and  insert  the  word 
"  prison ;"  and  that  Section  14  of  said  Article  be  so  amended  as  to 
strike  out  the  words  "  free  man,"  and  insert  in  their  stead  the 
word  "person." 

Resolved  further,  That  Section  17  of  said  Article  be  so  amended 
as  to  insert  the  word  "  person  "  in  the  place  of  "  man  "  between 
the  words  "  every  "  and  "  for,"  and  to  insert  the  words  "  or  her  " 
after  the  word  "  him  "  before  the  word  "  in,"  and  the  words  "  or 
her  "  between  the  words  "  his  "  and  "  lands." 

Resolved  further,  That  Section  26  of  said  Article  be  so  amended 
as  to  insert  the  word  "  person's  "  instead  of  "  man's  "  between  the 
the  words  "  no  "  and  "  particular,"  and  that  the  words  "  or  her  " 
be  inserted  between  the  words  "  his  "  and  "  representatives." 

Resolved  further.  That  Section  26  of  same  Article  be  so  amended 
as  to  strike  out  the  words  "  the  free  white  men "  and  insert  the 
words  "  all  persons." 

Resolved  further.  That  Section  3  of  said  Article  be  so  amended 
as  to  strike  out  the  word  "  men  "  between  "  all "  and  "  have,"  and 
insert  the  word  "persons"  and  strike  out  the  word  "man"  be- 
tween the  words  "  no  "  and  "  can,"  and  insert  the  word  "  person." 

Mr.  WARNEK  also  offered  the  following,  which  was  read  and 
referred  to  the  Committee  on  the  bill  of  Rights : 

Resolved,  That  the  Committee  on  the  Bill  and  Declaration  of 
Rights  be  directed  to  inquire  into  and  report  on  the  propriety  of 
amending  Article  I,  Section  1,  of  the  Declaration  of  Rights,  so 
that  in  calling  conventions  of  the  people  of  this  State,  other  than 
in  the  mode  of  amending  the  Constitution  in  accordance  with  Ar- 
ticle II,  Section  3,  of  the  Constitution,  that  a  majority  of  the  qual- 


73 

ified  voters  of  the  State,  and  a  majority  voting  for  Governor  on 
the  last  preceding  election,  shall  vote  in  favor  of  any  Contention 
that  may  be  called  to  amend  or  alter  the  Constitution,  before  said 
Convention  or  other  sovereign  body  of  the  people,  as  it  may  be 
called,  shall  be  authorized  to  act  as  delegates  of  the  people  in  alter- 
ing, reforming,  or  abolishing  the  Constitution  of  this  State,  subject 
to  the  ratification  of  the  people. 

Mr.  WALTERS  oifered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Judicial  Department : 

Resolvedj  That  there  shall  be  an  act  enacted  by  the  General 
Assembly  of  the  State  of  Tennessee,  authorizing  the  election  of  a 
County  Judge  for  the  respective  Counties,  and  who  shall  have 
jurisdiction  to  try  all  offenses  under  the  laws  of  this  State,  under 
the  grade  of  grand  larceny;  that  he  shall  try  them  under  the  same 
rules  and  regulations  that  they  are  now  triable  by  the  Circuit 
Courts,  other  than  they  shall  not  be  required  to  refer  the  charges  to 
a  Grand  Jury  to  find  a  bill  of  indictment,  but  may  proceed  to  trial 
upon  the  warrant  of  arrest.  But  that  the  quarterly  County  Courts 
shall  be  held  under  such  rules  and  regulations  as  may  be  prescribed 
by  law. 

FORM  OF  REPORTS  OF  COMMITTEES. 

Mr.  BROWN,  of  Davidson,  offered  the  following  resolution  : 
Resolved,  That  the  different  Committees,  in  making  their  reports, 
shall  designate  the  section,  or  part  of  section  and  Article  of  the 
Constitution  proposed  to  be  amended ;  or  if  a  new  section  is  re- 
ported it  should  be  numbered,  and  its  appropriate  place  in  the  Con- 
stitution designated. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  offered 
the  following  in  lieu  of  Mr.  Brown's  resolution : 

Resolved,  That  the  different  Committees  shall  report  as  a  whole 
all  the  amendments  which  they  wish  to  propose  to  the  Constitution  ; 
and  they  shall  make  no  report  to  the  Convention  upon  any  matter 
referred  to  them  until  they  are  ready  to  make  a  general  report  of 
all  the  amendments  they  wish  to  recommend  in  the  respective  de- 
partments referred  to  them. 

On  motion  of  Mr.  HOUSE,  of  Davidson,  Robertson  and  Mont- 
gomery, the  rules  were  suspended,  and  the  resolution  offered  by 
him  was  adopted  in  lieu  of  Mr.  Brown's  : 

Mr.  HEISKELL  offered  the  following  amendment  to  Mr.  House's 
resolution : 

"  But  that  the  several  Committees  of  this  House  may,  in  their 
discretion,  report  to  this  House  by  resolution,  drawn  up  in  such 


74 

form  as  they  may  deem  advisable,  to  test  the  sense  of  the  House 
upon  such  principles  as  may  be  material  so  to  present. 

Which  amendment  was  rejected. 

On  motion  of  Mr.  JONES,  of  Lincoln,  the  vote  rejecting  said 
amendment  was  reconsidered,  and  the  amendment  adopted. 

Mr.  KENNEDY  offered  the  following  amendment : 

"  And  that  the  reports  of  said  Committees  shall  lie  upon  the  table, 
and  be  printed  for  the  use  of  the  Convention." 

Which  was  rejected,  and  the  resolution,  as  amended,  was  adopted 
by  the  Convention. 

ADJOURNMENT   OVER. 

Mr.  THOMPSON,  of  Maury,  moved  that  when  the  Convention  ad- 
journ, it  adjourn  until  Monday  morning  next,  at  10  o'clock. 

Mr.  BAXTER  demanded  the  yeas  and  nays  upon  the  motion. 

A  vote  was  taken,  and  the  Convention  refused  to  so  adjourn. 

Those  voting  aye  are  : 

Messrs.  Allen,  Arledge,  Burton,  Brandon,  Bate,  Cummings, 
Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Porter  of  Haywood, 
Thomoson  of  Maury,  Thompson  of  Davidson,  Turner  and  Mr. 
President  Brown — 14. 

Those  voting  no  are : 

Messrs.  Burkett,  Brown  of  Davidson,  Branson,  Baxter,  Britton, 
Brooks,  Byrne,  Blizard,  Brown  of  Carroll,  Gibson,  Madison  and 
Henry,  Coffin,  Campbell,  Chowning,  Cypert,  Carter,  Dibbrell, 
Dea ven port,  Deaderick,  Doherty,  Dromgoole,  Finley,  Fulkerson, 
Fen  tress,  Fielder,  Gaut,  Gibson,  Gardner,  Gibbs,  Gordon,  Garner, 
Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Heiskell,  House  of 
Williamson,  House  of  Davidson,  Robertson  and  Montgomery,  Ivie, 
Kirkpatrick,  Key,  Kyle,  Martin,  Mabry,  Morris,  Meeks,  Mc- 
Dougal,  McNabb,  Netherland,  Nicholson,  Porter  of  Henry,  Parker, 
Seay,  Shepard,  Stephens,  Staley,  Sample,  Shelton,  Taylor,  Wright, 
Williamson,  Warner,  and  Walters — 60. 

On  motion,  the  Convention  adjourned  Until  to-morrow  morning, 
10  o'clock. 


SATURDAY  MORNING,  JANUARY  15,  1870, 

The  Convention  met  pursuant  to  adjournment,  Mr.   President 
BROWN  in  the  Chair. 
Prayer  by  the  Rev.  Dr.  SOMERS. 
The  Journal  of  yesterday  was  read,  corrected  and  approved. 

AMENDMENTS    PROPOSED. 

The  roll  was  called  for  petitions  and  memorials,  when  Mr. 
BRANSON  offered  the  following  resolution,  which  was  read  and  re- 
ferred to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  Legislature  of  this  State  shall  pass  a  Common 
School  Law,  and  such  an  one  as,  in  their  judgment,  will  be  for  the 
very  best  interest  of  all  the  children  of  the  State,  and  that  they  as- 
sess, or  cause  to  be  assessed,  a  sufficient  tax  to  raise  a  fund  for  such 
educational  purposes,  and  that  the  same  be  known  as  the  "  Common 
School  Fund  of  Tennessee/ '  and  that  the  same  shall  never  be  other- 
wise applied  than  for  that  of  Common  School  purposes. 

Mr.  BROOKS  offered  the  following  resolution,  which  was  read  and 
referred  to  the  Committee  on  the  Judicial  Department : 

Resolved,  That  the  Constitution  be  so  amended  that  the  Judges  of 
the  Supreme  Court  shall  not  be  allowed  a  salary  to  exceed  two 
thousand  five  hundred  dollars  per  annum,  and  that  the  salary  of  the 
Chancellors  and  Circuit  Judges  shall  not  exceed  two  thousand 
dollars  per  annum. 

Mr.  BLIZARD  offered  the  following  amendment  to  the  Constitu- 
tion, which  was  read  and  referred  to  the  Committee  on  Franchise 
and  Elections : 

Resolved,  That  the  Constitution  of  Tennessee  be  so  amended  as 
to  provide  for  the  election  of  the  Secretary  of  State,  Comptroller 
and  Treasurers  of  the  State,  by  the  qualified  voters  of  the  State  at 
large,  at  the  same  time  and  for  the  same  term  that  the  Governor 
and  members  of  the  General  Assembly  are  elected. 

Mr.  CYPERT  offered  the  following  resolution,  which  was  read 
and  ordered  to  be  referred  to  the  Committee  on  the  Legislative 
Department : 


76 

Resolved,  That  the  best  interests  of  the  State  demand  that  manu- 
facturing and  agricultural  pursuits  should  be  favored  and  encourag- 
ed, and  to  this  end  the  prolucts  of  these  important  branches  of  in- 
dustry should  forever  remain  exempt  from  taxation. 

Mr.  DIBBRELL  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  Legislature  shall  be  composed  of  one  hundred 
members,  as  follows :  Twenty-five  Senators  and  seventy-five  Repre- 
sentatives ;  Provided,  That  each  county  in  this  State  with  a  voting 
population  of  fifteen  hundred  shall  be  entitled  to  one  Representa- 
tive in  the  lower  branch  of  the  Legislature. 

Mr.  FULKERSON  offered  the  following  resolution  as  an  amend- 
ment to  the  Constitution,  which  was  read  and  referred  to  the  Com- 
mittee on  Franchise  and  Elections  : 

Resolved,  That  Section  5,  of  Article  VII,  of  the  Constitution  be 
altered  and  amended  as  follows  : 

The  Legislature  shall  provide  that  the  election  of  the  county 
officers,  by  the  people,  shall  take  place  at  the  same  time  the  general 
elections  are  held  for  members  of  Congress,,  members  of  the  Legis- 
lature and  Governor.  The  election  shall  commence  and  terminate 
the  same  day. 

Mr.  PORTER,  of  Haywood,  offered  the  following  resolution, 
which  was  read  and  referred  to  the  Committee  on  the  Judicial 
Department : 

Resolved,  That  the  Judges  of  the  Supreme  Court  shall  be  elected 
by  the  people.  That  no  person  shall  be  eligible  to  said  position  un- 
less he  shall  have  had  the  experience  of  25  years  practice  at  the  bar, 
and  whose  term  of  service  shall  end  when  he  shall  have  attained 
the  age  of  seventy  years,  or  during  good  behavior. 

Mr.  GIBSON  offered  the  following  amendment,  which  was  read 
and  referred  to  the  Committee  on  the  Legislative  Department : 

Article  — ,  Section  — .  The  Legislature  shall  have  no  power 
whatever,  to  give,  grant  lease  or  sell  any  portion  of  the  territory  of 
the  State,  or  the  control,  or  dominion  of  any  portion  thereof  to  any 
individual,  association,  corporation  or  State  by  special  law;  nor 
shall  any  portion  of  the  territory  of  this  State,  or  any  private  pro- 
perty within  the  State,  or  any  individual  association  or  corporation 
be  exempted  from  State  or  county  taxes  :  Provided,  always,  that 
this  nor  any  other  section  shall  be  so  construed  as  to  prevent  the 
United  States  from  acquiring  dominion  and  control,  exclusive  or 
otherwise  over  such  places  as  the  Legislature  may  authorize,  by  any 
law,  general  or  special ;  and  Provided  further,  that  the  Legislature 


77 

may  pass  general  laws  whereunder  the  County  Court  may  exempt 
honorably  discharged  soldiers  and  indigent  persons  from  the  pay- 
ment of  the  poll  tax. 

Mr.  SAMPLE  offered  the  following  resolution,  which  was  referred 
to  the  Committee  on  Franchise  and  Elections : 

Resolved,  That  all  offices  to  be  filled,  from  the  highest  to  the 
lowest  grade,  shall  be  filled  by  the  popular  vote  of  the  qualified 
voters  in  the  State,  county  or  district,  as  the  case  may  be,  so  as 
thereby  not  to  conflict  with  the  Constitution  of  the  United  States, 
viz :  Supreme,  Circuit  and  Chancery  Judges,  Clerks  of  the  differ- 
ent Courts,  Magistrates  and  Constables,  Sheriffs,  Surveyors,  Trustees, 
Revenue  Collectors,  etc.  Also  all  military  officers  shall  be  elected 
by  the  qualified  Voters  of  the  State,  county  or  district  as  the  case 
may  be. 

Mr.  PORTER,  of  Haywood,  offered  the  following  resolution,  which 
was  read  and  referred  to  the  Committee  on  the  Judicial  Depart- 
ment: 

Resolved,  That  the  Committee  on  said  Department  take  under 
consideration,  and  make  report  to  this  Convention,  as  to  the  expe- 
diency and  propriety  of  abolishing  the  office  of  District,  or  Circuit  At- 
torney General  of  the  State,  and  the  creation  of  the  office  of  State  At- 
torney for  each  county.  The  person  filling  the  same  to  be  elected  by 
the  qualified  voters  thereof,  and  whose  term  of  service  shall  be  the 
same  as  that  of  Circuit  Judge.  The  salary  of  said  office,  in  addi- 
tion to  the  compensation  now  allowed  by  law,  to  be  determined  and 
fixed  by  the  County  Court,  at  the  January  Term  of  each  year. 

Mr.  SEAY  offered  the  following  resolution,  which  was  read  and 
referred  to  the  Committee  on  the  Bill  of  Rights : 

Resolved,  That  Section  6  of  Article  I  be  so  amended  as  to  read 
as  follows : 

"  That  the  right  of  trial  by  Jury  shall  remain  inviolate,  and  no 
religious  or  political  test  shall  ever  be  required  as  a  qualification  to 
sit  on  Juries  in  this  State." 

PRINTING    RULES,    ETC. 

Mr.  KENNEDY  offered  the  following  resolution,  and  moved  a  sus- 
pension of  the  rules. 

Resolved,  That  the  Secretary  be  directed  to  have  one  hundred 
copies  of  the  Constitution  of  Tennessee  and  of  the  United  States, 
with  the  amendments  adopted  and  proposed  thereto,  printed  under 
cover  with  the  rules  of  this  body. 

Mr.  PORTER,  of  Henry,  demanded  the  ayes  and  noes,  but  with- 


78 

drew  the  call,  which  was  afterwards  renewed  by  Mr.  PORTER,  of 
Haywood.  The  resolution  was  then  put  upon  its  passage  and  re- 
sulted as  follows : 

Tho§e  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Brown,  of  Davidson,  Britton,  Byrne, 
Burton,  Brandon,  Cummings,  Coffin,  Campbell,  Chowning,  Cypert, 
Dibbrell,  Deavenport,  Deaderick,  Dromgoole,  Finley,  Fulkerson, 
Fentress,  Fielder,  Gibbs,  Gordon,  Garner,  Hill,  of  Warren,  Heiskell, 
House,  of  Williamson,  Ivie,  Kirkpatrick,  Kennedy,  Kyle,  Martin, 
Mabry,  Morris,  Meeks,  McDougal,  McNabb,  Nicholson,  Seay, 
Shepard,  Stephens,  Thompson,  of  Davidson,  Thompson,  of  Maury, 
Turner,  Taylor,  Walters,  Williamson  and  President  Brown — 47. 

Those  voting  in  the  negative  are : 

Messrs.  Burkett,  Branson,  Baxter,  Brooks,  Blizard,  Carter,  Do- 
herty,  Gaut,  Gibson,  Gardner,  Henderson,  Hill  of  Gibson,  Jones  of 
Lincoln,  Key,  Netherland,  Porter  of  Haywood,  Porter  of  Henry, 
Parker,  Staley,  Sample,  Shelton,  Warner,  and  Wright — 24. 

MEMORIALS. 

Mr.  HOUSE,  of  Williamson,  presented  a  memorial  from  sundry 
citizens  of  Williamson,  Maury,  and  other  counties,  which  was  read 
and  referred  to  the  Committee  on  New  Counties  and  County  Lines  : 

Mr.  THOMPSON,  of  Maury,  presented  a  memorial  from  sundry 
citizens  of  Maury  and  Marshall  counties,  which  was  referred  to 
the  Committee  on  New  Counties  and  County  Lines,  without  being 
read. 

AMENDMENTS    PROPOSED. 

Mr.  WARNER  offered  the  following  amendment  to  the  Constitu- 
tion of  this  State,  which  was  read  and  referred  to  the  Committee  on 
Miscellaneous  Provisions : 

WTHEREAS,  Article  V,  of  the  Constitution  of  the  United  States, 
provides  that  "  The  Congress,  whenever  two-thirds  of  both  Houses 
shall  propose  amendments  to  the  Constitution,  or  on  the  application 
of  the  Legislatures  of  two-thirds  of  the  several  States,  shall  call  a 
Convention  for  proposing  amendments,  which  in  either  case  shall  be 
valid,  to  all  intents  and  purposes,  as  part  of  the  Constitution,  when 
ratified  by  the  Legislatures  of  three-fourths  of  the  several  States,  or 
by  Convention  in  three  fourths  thereof,  as  the  one  or  the  other  mode 
of  ratification  may  be  proposed  by  Congress. 

AND  WHEREAS,  It  is  manifest  from  said  Article  V  that  pro- 


79 

posed  amendments  ought  to  be  ratified  or  rejected  by  Legislatures 
or  Conventions,  chosen  in  the  several  States  by  the  people  thereof, 
after  the  Congress  or  the  Convention,  as  the  case  may  be,  have 
prepared  such  amendment  or  amendments,  to  the  several  States  for 
ratification. 

AND  WHEREAS,  Amendments  have  been  ratified  by  Legislatures 
elected  before  such  amendments  were  proposed  to  the  several  States 
by  Congress,  thus  preventing  the  people  from  having  a  voice  in  the 
election  of  their  Legislatures,  with  a  view  of  having  their  wishes 
and  interests  regarded  in  changing  or  altering  the  Constitution  of 
the  United  States;  therefore, 

Be  it  resolved,  That  the  following  amendment  be  proposed  to  the 
Constitution  of  this  State  :  "  That  when  any  amendment  or  amend- 
ments to  the  Constitution  of  the  United  States  shall  be  proposed  to 
the  several  States  thereof,  no  Legislature  or  Convention  of  this  State 
shall  ever  ratify  such  proposed  amendment  or  amendments,  unless 
the  Legislature  or  Convention  shall  have  been  elected  by  the  people 
of  this  State  after  the  period  of  time  when  the  Congress  or  Con- 
vention of  the  United  States  shall  have  proposed  such  amendment 
or  amendments  to  the  several  States  for  ratification. 


REPORT   OF   THE   COMMITTEE   ON    EXECUTIVE    DEPARTMENT. 

Mr.  JONES,  of  Lincoln,  Chairman  of  the  Committee  on  the  Exe- 
cutive Department,  offered  the  following  report,  which  was  read, 
laid  upon  the  table,  and  ordered  to  be  printed : 

The  Committoe  on  the  Executive  Department  have  had  under 
consideration  the  several  propositions  referred  to  them,  and  have  in- 
structed me  to  report  and  recommend  the  adoption  of  the  following 
amendment,  two-wit : 

In  Article  III,  Section  9,  of  the  Constitution  of  the  State  of  Ten- 
nessee, strike  out  the  words,  "And  shall  state  to  them  when  assembled 
the  purposes  for  which  they  shall  have  been  convened,"  and  insert 
in  lieu  thereof  the  words,  "In  which  he  shall  state  to  them,  specifical- 
ly, the  purposes  for  which  they  are  to  convene,"  so  that  it  will  read  : 
Article  III,  Section  9.  He  may,  on  extraordinary  occasions,  con- 
vene the  General  Assembly  by  proclamation,  in  which  he  shall 
ritate  specifically  the  purposes  for  which  they  are  to  convene ;  but 
they  shall  enter  on  no  legislative  business  except  that  for  which 
they  were  specifically  called  together. 

I  am  also  instructed  to  report  adversely  upon  all  other  proposi- 
tions referred  to  the  Committee. 

Respectfully  submitted. 

GEORGE  W.  JONES. 


80 

REPORT   OF   COMMITTEE   ON   BILL   OF    RIGHTS. 

Mr.  BAXTER,  from  the  Committee  on  the  Bill  of  Eights,  made  a 
verbal  report,  asking  to  be  discharged  from  the  'further  considera- 
tion of  sundry  petitions  referred  to  them,  which  was  accordingly  or- 
dered by  the  Convention. 

.LEAVES    OF    ABSENCE. 

©n  application  of  Mr.  BURTON,  leave  of  absence  was  granted  him 
until  Tuesday  next. 

Mr.  ARLEDGE  was  also  granted  leave  of  absence  until  Tuesday 
next. 

On  motion  of  Mr.  PORTER,  of  Haywood,  the  Convention  ad- 
journed until  Monday  morning,  at  10J  o'clock. 


MONDAY  MORNING,  JANUARY  17,  1870, 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
.BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  Sample,  a  member  of  this  body. 
The  Journal  of  Saturday  was  read  and  approved. 

AMENDMENTS  PROPOSED. 

The  roll  was   called  for  petitions  and  memorials,  when 
Mr.  BURKETT  offered  the  following  resolutions,  which  were  read 
and  referred  to  the  Committee  on  the  Judicial  Department : 

Resolved,.  1st.  That  the  attention  of  the  proper  Committee  be 
tailed  to  the  propriety  of  presenting  such  alterations  or  amendments 
to  our  present  State  Constitution  as  will  provide  for  the  election  of 
only  one  Justice  of  the  Peace  for  each  Civil  District  of  every  County 
in  the  State,  except  in  such  districts  as  include  a  County  seat,  or  shall 
have  over  a  given  number  of  qualified  voters,  and  that  in  such  Dis- 


81 

tricts,  so  excepted,  an  additional   Justice   of  the   Peace   shall  be 
elected. 

2d.  That  the  attention  of  the  proper  Committee  be  called  to  the 
propriety  of  presenting  such  amendments  to  the  Constitution  as 
will  provide  that  County  Courts  hold  their  sessions  quarterly,  or 
once  only  in  every  three  months,  looking  to  legislation  that  will 
confer  power  on  the  Chairman  of  the  several  County  Courts  to  grant 
letters  of  administration  or  testamentary  out  of  term  time  upon 
proper  qualification  of  applicants  for  such  letters. 

Mr.  BURKETT  introduced  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  Franchise  and  Elections : 

Resolved,  That  the  attention  of  the  proper  committee  be  called  to 
the  propriety  of  combining  two  or  more  civil  districts,  so  that  the 
voting  population  of  such  combined  districts  shall  not  exceed  som® 
given  number  to  be  presented  by  such  committee,  and  that  such, 
two  or  more,  combined  civil  districts  shall  form  a  district,  which 
shall  elect  only  one  Constable,  who  shall  discharge  all  the  duties 
now  by  law  made  incumbent  on  the  Constables  of  the  said  combin- 
ed districts  and  in  addition  thereto,  such  Constables  shall  be  requir- 
ed to  collect  the  State  and  county  revenue,  due  from  citizens  of  such 
combined  districts. 

Mr.  BRITTON  submitted  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  Committee  on  the  Legislative  Department  be 
requested  to  enquire  into  and  report  how  far  the  Constitution  should 
be  amended  allowing  the  General  Assembly  to  pass  laws  authorizing 
the  people  of  any  County,  District,  incorporated  Town,  one  half  or 
two  thirds  of  the  qualified  voters  in  such  County,  District,  or  incor- 
porated Town  voting  therefor,  to  prohibit  the  exercise  of  privileges 
within  their  respective  limits. 

RETRENCHMENT  AND  REFORM. 

Mr.  BROOKS  offered  the  following  resolution,  which  lies  over  un- 
der the  rule : 

Resolved,  That  the  President  of  this  Convention  appoint  a  Spe- 
cial Committee  of  seven  on  Retrenchment  and  Reform, 

REPORT   REQUESTED. 

Mr.  BROOKS  offered  the  following  resolution,  which  lies  over  one 
day  under  the  rule : 

Resolved,  That  the  Committee  on  the   Franchise  be  requested  to 
eport  their  action  at  as  early  a  day  as  practicable  and   consistent 
with  their  labors. 
6 


82 


AMENDMENTS   PROPOSED. 

Mr.  BLIZARD  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  Constitution  of  the  State  of  Tennessee  be  so 
amended  as  to  provide  that  the  Legislature  shall  be  elected  for  two 
years,  and  that  each  member  shall  receive  for  his  services  a  stated 
salary  of  one  thousand  dollars  in  lieu  of  all  other  pay  or  allow- 
ance to  be  made  to  him  ;  Provided,  that  four  dollars  per  day  of  the 
salary  of  any  member  absenting  himself  from  the  Legislature 
during  its  sessions,  without  leave  of  the  House  of  which  he  is  a 
member,  shall  be  withheld  upon  the  final  settlement  of  his  account. 

IMPEACHMENT   OF   JUDGE   FHAZIER. 

Mr.  BAXTER  offered  the  following  preamble  and  resolutions, 
which,  the  House  refusing  to  supend  the  rules,  lies  over  for  one 
day : 

WHEREAS,  the  House  of  Representatives  of  this  State  on  —  day 

of ,  1867,  exhibited  articles  of  impeachment  against  the 

Honorable  Thomas  N.  Frazier,  Judge  of  the  Criminal  Court  of 
Davidson  County,  for  alleged  high  crimes  and  misdemeanors,  upon 
which  he  was  subsequently  arraigned  before  and  tried  by  the  Senate, 
sitting  as  a  High  Court  of  Impeachment,  found  guilty,  removed 
from  his  office  and  disqualified  from  ever  thereafter  holding  any 
office  in  this  State  ;  and 

WHEREAS,  In  the  opinion  of  this  Convention,  the  said  Thomas 
N.  Frazier,  was  an  honest,  upright,  just  and  able  Judge ;  that  his 
judgment  complained  of  in  said  articles  of  Impeachment,  was  not 
only  dictated  by  honest  convictions  of  duty,  but  was  a  just  and  cor- 
rect exposition  of  the  law  involved  in  the  case ;  and  that  said  Im- 
peachment, trial,  conviction  and  judgment  of  disqualification, 
originated  in  a  corrupt  conspiracy,  and  was  conducted  to  a  final 
conclusion  for  the  accomplishment  of  partizan  purposes ;  It  is, 
therefore 

Resolved,  That  a  Select  Committee  of  five  be  appointed  to  pre- 
pare and  report,  to  this  Convention,  an  article  to  be  incorporated 
into  the  Constitution,  relieving  the  said  Thomas  N.  Frazier  from 
the  disabilities  imposed  upon  him  by  the  conviction  and  judgment 
aforesaid. 

THE  ORGANIZATION  OF   THE  LEGISLATURE. 

Mr.  CAMPBELL  submitted  the  following  amendments  to  the  Con- 
stitution of  the  State,  which  were  read  and  referred  to  the  Com- 
mittee on  the  Legislative  Department : 


83 

Resolved,  That  the  Legislature  of  the  State  of  Tennessee  shall 
consist  of  ninety  members  ;  thirty  of  whom  are  to  be  Senators. 

Resolved,  That  the  State  be  laid  off  into  fifteen  (15)  Senatorial 
Districts,  from  each  of  which,  two  (2)  Senators  shall  be  elected. 

Resolved,  That  the  Senators  shall  be  elected  by  freeholders  (of 

value  $ )  in  their  respective  Districts;  that  the  Senators  first 

elected,  shall  be  elected  for  nine  (9)  years ;  that  on  the  first  conven- 
ing of  the  Senate  the  Senators  shall  be  classed  into  three  (3)  classes; 
the  term  of  service  of  the  first  class,  shall  expire  at  the  expiration 
of  three  (3)  years,  from  date  of  election  ;  the  second  class  at  the 
end  of  six  (6)  years,  and  the  third  class  at  the  expiration  of  nine 
(9)  years,  so  that  one-third  be  elected  every  third  year,  and  in  case 
of  vacancy  in  either  class,  the  vacancy  to  be  filled  by  special  election. 

Resolved,  That  an  election  for  Senators  and  Representatives  be 
held  on  the  first  Thursday  in  August,  1871,  and  ever  thereafter  tri- 
ennially  on  the  first  Thursday  in  August. 

Resolved,  That  the  House  of  Representatives  be  elected  by  the 
qualified  voters  of  the  respective  Counties  and  Districts,  based  upon 
the  voting  population. 

Resolved,  That  after  the  first  session  of  the  General  Assembly,  the 
sessions  of  the  General  Assembly  shall  be  limited  to  ninety  (90) 
days;  the  Governor  to  convene  the  Legislature  for  special  purpose 
and  legislation  to  be  confined  to  that  purpose. 

Resolved,  That  no  person  be  eligible  for  Senator  until  he  is  thirty- 
five  (35)  years  of  age,  and  for  member  of  the  House  until  twentv- 
eight  (28)  years  of  age. 

Resolved,  That  no  person  who  has  heretofore  been  convicted  of 
any  crime,  punishable  by  confinement  in  the  Penitentiary.,  or  who 
vshall  hereafter  be  convicted  of  any  crime  punishable  by  confinement 
in  the  Penitentiary,  shall  ever  be  entitled  to  vote. 

Resolved,  That  the  House  of  Representatives  have  the  sole  right 
of  originating  bills  for  laying  and  collecting  taxes ;  subject  to  be 
amended  or  rejected  by  the  Senate. 

EXECUTIVE    DEPARTMENT. 

Mr.  CAMPBELL  submitted  the  following  propositions  to  amend 
the  Constitution  of  the  State,  which  were  read  and  ordered  to  lie  on 
the  table : 

Resolved,  That  on  the  first  Thursday  in  August,  1.S71,  the 
Governor  be  elected,  and  ever  thereafter  on  the  first  Thursday  in 
August  every  fourth  year;  and  shall  hold  office  until  Iris  suc- 
cessor is  elected  and  qualified,  (the  oath  of  office  of  Governor  to  be 
administered  by  any  Judge  of  the  Courts.) 

Resolved,  That  no  one  shall  be  eligible  to  the  office  of  <4,>\vrnor 
until  he  has  arrived  at  the  age  of  35  and  shall  have  been  a  citizen 


84 

of  the  State  of  Tennessee  three  years  next  preceding  the  day  of  his 
election. 

Resolved,  That  there  be  an  election  for  Lt.  Governor  on  the  same 
day  (Governor's  election,)  who  shall  possess  the  same  qualifications 
as  Governor:  TheLt.  Governor  shall  be  ex-officio  President  of  the 
Senate,  but  shall  have  no  vote  except  in  a  tie  vote  of  Senators.  In 
event  of  death,  resignation,  removal  from  office,  or  absence  from  the 
State,  the  Lt.  Governor  shall  discharge  the  duties  of  Governor. 

Resolved,  That  the  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  appoint  the  Judges,  Chancellors,  Justices  of  the  Peace, 
Secretary  of  State,  Comptroller  of  the  State,  Secretary,  Treasurer, 
Attorney  General  for  State  and  District  Attorneys  General,  two- 
thirds  of  the  Senators  elected  concurring  therein. 

JUDICIAL    DEPARTMENT. 

Mr.  CAMPBELL  submitted  the  following  propositions  to  amend 
the  Constitution  of  the  State,  which  were  read  and  referred  to  the 
Committee  on  the  Judicial  Department: 

Resolved,  That  there  be  instituted  a  Court  of  Appeals  in  Law, 
consisting  of  three  (3)  Judges,  one  of  whom  shall  be  Chief  Justice 
of  that  Court. 

Resolved,  That  there  be  established  a  Court  of  Appeals  in  Equity., 
consisting  of  four  Judges,  one  of  whom  shall  be  Chief  Justice  of 
that  Court. 

Resolved,  That  the  Judge*  of  Courts  of  Appeals,  in  Law  and 
Equity,  shall  constitute  a  Supreme  Court  of  the  State  of  Tennessee 
for  the  correction  of  errors  in  Law  and  Equity  :  That  the  Chief 
Justice  of  the  Court  of  Appeals  in  Equity  shall  be  Chief  Justice  of 
the  Supreme  Court  and  that  said  Supreme  Court  hold  its  sessions 
once  a  year  in  the  city  of  Nashville. 

Resolved,  That  the  Court  of  Appeals  in  Law  shall  be  held  in  each 
of  the  Grand  Divisions  of  the  State,  at  such  times  and  place  as  the 
Legislature  shall  prescribe. 

Resolved,  That  the  Court  of  Appeals  in  Equity  shall  be  held  in 
each  of  the  three  Grand  Divisions  of  the  State,  at  such  times  and 
places  as  the  Legislature  shall  prescribe. 

Resolved,  That  Appeals  in  the  nature  of  writs  of  Error,  Appeals 
and  Writs  of  Error,  shall  lie  from  the  Court  of  Appeals  in  Equity 
and  the  Court  of  Appeals  in  Law  to  the  Supreme  Court  for  correction 
of  Errors  in  Equity  and  Law,  and  causes  may  be  transferred  from 
either  of  the  Courts  of  Appeals  into  the  Supreme  Court  for  final 
determination  under  such  rules  and  regulations  as  the  Legislature 
may  prescribe. 

Resolved,  That  there  be  established  in  each  county  in  the  State, 
except  Davidson  and  Shelby  Counties,  one  Court  of  Law,  to  be 
styled  the  Circuit  Court,  to  hold  its  sessions  twice  a  year;  that 


85 

causes  in  said  Circuit  Court  shall  be  tried  under  such  rules  and  re- 
gulations as  the  Legislature  may  prescribe — at  the  first  term  after 
commencing  suit — that  the  forms  of  action  and  pleading  in  said 
Circuit  Courts  shall  be  such  as  were  used  and  practiced  in  said 
Courts  prior  to  the  1st  day  of  October,  1851,  except  in  the  action  of 
ejectment. 

Resolved,  That  the  Legislature,  by  law,  require  the  Judges  to  in- 
terchange, so  that  no  one  of  the  Judges  will  hold  more  than  one 
Court  in  the  County  in  one  year.  The  Counties  of  Davidson  and 
Shelby  may  be  divided  into  as  many  Circuits  and  Chancery  Dis- 
tricts as  may  be  deemed  necessary. 

Resolved,  That  there  be  established  and  held  one  Chancery  Court 
in  each  Law  Circuit ;  that  the  Legislature  shall  provide,  by  law, 
for  the  appointment  of  Clerks  and  Masters  in  Chancery,  to  reside 
at  the  respective  county  seats,  with  the  authority  of  the  Clerk  and 
Master  at  the  place  where  the  Court  is  held,  for  the  convenience  of 
the  people  for  that  particular  County. 

Resolved,  That  there  be  established  in  each  County  a  Court 
styled  the  Court  of  Common  Pleas  of  that  County ;  that  the  Court  of 
Common  Pleas  possess  such  jurisdiction  as  is  now  exercised  by  the 
Quorum  Courts ;  that  the  said  Court  be  held  by  one  Judge,  who  shall 
preside  over  the  meetings  of  the  Quarterly  Courts,  have  power  to  as- 
sess taxes,  etc.,  and  be  financial  agent  of  the  County  under  such  rules 
and  regulations  as  are  now  prescribed  for  the  action  of  the  Judges 
and  Chairmen  of  the  present  County  Courts  as  now  prescribed  by 

law,  and  as  may  be  prescribed  by  law,  and  his  salary  to  be  £ , 

and  paid  by  the  County.  That  said  Court  of  Common  Pleas  shall 
have  exclusive  jurisdiction  of  all  causes  of  action  arising  ex  con- 
iractu,  to  the  amounts  of  from  $100  to  $500,  and  exclusive  and 
original  jurisdiction  of  all  causes  of  action  arising  ex  delicto,  from 
$50  to  $200.  That  the  mode  of  proceeding  may  be  prescribed  by 
the  Legislature. 

Resolved,  That  the  Judges,  Chancellors  and  Justices,  be  appointed 
during  good  behavior;  that  the  Clerks  of  the  several  Courts  be  ap- 
pointed by  the  Courts  to  hold  during  good  behavior,  and  that  the 
salary  of  Judges  and  Chancellors  shall  not  be  diminished  while  in 
office. 

Resolved,  That  the  Court  of  Appeals  in  Law,  and  the  Court 
of  Appeals  in  Equity,  and  the  Supreme  Court,  shall  have  original 
jurisdiction  to  issue  writs  of  mandamus. 

Mr.  GIBSON  submitted  the  following  propositions  to  amend  the 
Constitution  of  the  State,  which  were  read  and  referred  to  the 
Committee  on  Miscellaneous  Provisions  : 

Section  — .  A  tax  of  twenty-five  cents  on  every  taxable  poll,  and 
twenty-five  cents  on  every  one  hundred  dollars'  worth  of  taxable 
property  in  this  State  is  hereby  levied  for  each  and  every  year  for- 


86  ^ 

ever,  and  shall  be  collected  each  year  in  the  same  manner,  at  the 
same  time,  and  by  the  same  officer  as  and  by  whom  the  State  taxes 
are  collected,  and  shall  be  by  such  officers  deposited  with  the  State 
Treasurer,  who  shall  pay  over  the  same  to  the  several  Counties  of 
the  State,  in  proportion  to  their  respective  populations,  between 
eight  and  eighteen  years  of  age.  The  money  thus  collected  and  de- 
posited shall  never  be  applied  or  used  for  any  purpose  other  than 
the  maintenance  and  support  of  free  schools ;  and  the  Legislature 
is  hereby  commanded  to  pass  all  necessary  laws  to  effectuate  the  ob- 
jects of  this  Section.  But  should  the  Legislature  fail  or  refuse  to  act 
as  commanded,  then  the  said  Revenue  Officers  shall  collect  and  de- 
posit the  said  tax  as  aforesaid,  and  the  State  Treasurer  shall  appor- 
tion said  money  thus  collected  and  deposited  among  the  several 
Counties  as  aforesaid,  and  shall,  without  unnecessary  delay,  pay 
over  said  apportionment  to  such  person  or  persons  as  have  general 
charge  of  the  financial  interests  of  such  Counties,  to  be  by  them 
disbursed  in  the  maintenance  of  free  schools  in  their  respective 
Counties  :  Provided,  That  in  making  his  apportionment,  the  State 
Treasurer  shall  be  governed  by  the  last  reliable  enumeration  of  the 
scholastic  population  in  each  County  :  And  provided  further,  That 
each  of  said  officers,  whose  duty  it  is  under  this  Section,  to  collect, 
deposit,  pay  over  or  disburse  said  money,  or  any  part  thereof,  shall 
be  and  are  hereby  made  liable  on  their  respective  official  bonds,  for 
any  failure,  default,  delay  or  malfeasance,  in  discharging  the  duties- 
herein  and  hereby  imposed,  and  may  be  proceeded  against  sum- 
marily by  motion  by  any  citizen  in  any  Court  of  original  jurisdic- 
tion in  the  County  where  such  default,  failure,  delay  or  malfeasance, 
may  have  occurred ;  and  such  summary  proceeding  shall  be  heard 
and  decided  by  the  Court  upon  its  merits  without  a  jury,  and  no- 
other  form  shall  be  necessary  than  five  days'  notice  in  writing : 
And  provided  still  further,  That  nothing  in  this  or  any  other  Sec- 
tion of  this  Constitution  shall  be  so  construed  as  to  prohibit  or 
prevent  the  Legislature  or  any  County  from  levying  an  additional 
tax  or  taxes  for  the  support  and  maintenance  of  free  schools  and 
academies. 

Mr.  KIRKPA  TRICK  submitted  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  the  Legislative  Department : 

Resolved,  That  the  General  Assembly  shall  have  no  power,  at 
any  time,  to  call  into  question  the  validity  of  the  public  debt  of 
this  State, 

Mr.  MARTIN  submitted  the  following  amendments  to  the  Con- 
stitution, which  were  read  and  referred  to  the  Committee  on  Fran-  , 
chise  and  Elections : 

Resohed,  That  Article  IV,  Section  4,  be  amended  to  read  as  fol- 

ICWH: 


87 

"  Section  4.  Electors  shall,  in  all  elections,  vote  viva  voce,  and  the 
General  Assembly  shall  enact  all  necessary  laws  for  carrying  this 
provision  into  effect." 

In  all  elections  to  be  made  by  the  General  Assembly,  or  either 
House  thereof,  the  votes  of  the  several  members  voting  shall  be 
entered  on  the  Journal. 

Mr.  MC'^ABB  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  New  Counties  and  County  Lines : 

Resolved,  That  in  the  formation  of  new  Counties  in  the  State  of 
Tennessee,  no  part  of  any  old  County  shall  be  stricken  off  only  by 
the  consent  of  the  qualified  voters  of  said  old  County  or  Counties, 
and  that  a  majority  of  the  votes  polled  in  such  elections  shall 
carry. 

Mr.  McNABB  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Miscellaneous  Provisions : 

Resolved,  That  no  County  seat  in  any  County  in  the  State 
of  Tennessee,  shall  be  moved  only  by  a  vote  of -the  people  qualified 
to  vote,  and  that  a  majority  of  the  votes  polled  shall  carry. 

Mr,,§AMPLE  offered  the  following  resolution,  which  was  read  and 
referred  to  the  Committee  on  the  Judicial  Department : 

Resolved,  That  the  Legislature  may,  by  law,  empower  the  County 
Courts  to  have  Grand  and  traverse  Juries,  and  to  have  power  to 
try  all  cases  of  petit  larceny  and  assault  and  battery ;  petit  larceny 
to  extend  to  $25,  but  no  higher ;  and  the  Legislature  shall,  by  law, 
prescribe  the  penalties  of  those  crimes,  and  the  Court  have  power 
to  inflict  it ;  said  Court  to  consist  of  at  least  three  Magistrates. 

Mr.  THOMPSON,  of  Davidson,  submitted  the  following  resolu- 
tion : 

Be  it  resolved,  That  the  following  provision  be  inserted  in  the 
Bill  of  Rights : 

"  Any  proscribed  class  of  citizens  in  the  community  is  contrary 
to  the  genius  of  a  free  government.  No  citizen  of  this  State  shall 
ever  be  disfranchised  of  any  civil  or  political  rights,  except  by  im- 
peachment or  conviction  of  infamous  crime  in  a  Court  of  Record. " 

Which  was  referred  as  directed. 

Mr.  WARNER  submitted  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  Finance,  Internal  Improve- 
ments and  Incorporations : 

Resolved,  That  the  Committee  on  Internal  Improvements  inquire 
as  to  what  railroads  are  in  default,  and  what  disposition  this  Con- 
vention shall  make  of  the  defaulting  railroads. 


Mr.  WARNER  submitted  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Finance  : 

Resolved,  That  the  Committee  on  Finance  inquire  into  and  re- 
port what  bonds  of  the  State  are  bona  fide,  and  what  ones  are  not, 
and  that  the  State  be  required  to  pay  only  such  bonds  as  are  just 
and  bona  fide. 

Mr.  DROMGOOLE  submitted  the  following,  to  be  added  to  the  Bill 
of  Rights  : 

No  power  can  legitimately  deprive  the  people  of  this  State  from 
defining  the  qualifications  of  their  own  electors. 

BILL   OF   RIGHTS   CONSIDERED. 

On  motion  of  Mr.  Brown,  of  Davidson,  the  report  of  the  Com- 
mittee on  Bill  of  Rights  was  taken  up  and  considered ; 

Whereupon,  Mr.  Jones,  of  Lincoln,  offered  the  following  amend- 
ment: 

Insert  after  the  word  Convention,  in  line  12,  "passed  in  obe- 
dience to  the  declared  will  of  the  voters  of  the  State  as  expressed  at 
the  general  election  of  August,  in  the  year  of  our  Lord  one  thous- 
sand  eight  hundred  and  thirty-three." 

Mr.  GIBSON  submitted  the  following  in  lieu  of  the  preamble : 
We  the  people  of  the  State  of  Tennessee,  in  order  to  organize 

liberty,  secure  justice,  and  protect  property,  do  ordain  and  establish 

this  Constitution  for  our  government." 

After  discussion,  Mr.  Gibson  withdrew  his  substitute. 
Mr.  STEPHENS  submitted  the  following  amendment  : 
After  the  word  "and"  in  the  15th  line,  add  the   words  "Said 
Convention  did  accordingly  meet  and  form  a  Constitution,  which 
was  submitted  to  the  people  and  ratified  by  them  the  first  Friday  in 
March,  1835." 

And  the  amendment  was  adopted. 

Mr.  CAMPBELL  submitted  the  following  amendments  : 

Resolved,  That  the  3d  section  of  the  Preamble  be  so  amended  as 
to  read  as  follows  : 

WHEREAS,  The  General  Assembly  of  said  State  of  Tennessee, 
under  and  in  virtue  of  the  first  Section  of  the  first  Article  of  the 
Declaration  of  Rights,  contained  in  and  forming  a  part  of  the  ex- 
isting Constitution  of  the  State,  by  an  act  passed  on  the  15th  day 
of  November,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-nine,  the  people  of  the  State  did,  by  a  vote  at  an  election, 
held  on  the  18th  day  of  December,  1869,  determine  to  call  a  Con- 


vention  to  meet  at  Nashville,  on  the  2d  Monday  in  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy,  and 
elected  delegates  thereto  for  the  purpose  of  amending,  revising,  or 
forming  and  making  a  new  Constitution. 

Mr.  PORTER,  of  Hay  wood,  submitted  the  following  resolution : 
Resolved,  That  the  4th  section  of  the  Preamble  be  so  amended  as 
to  dispense  with  the  word  "  authorize  "  altogether. 

Mr.  PORTER  subsequently  withdrew  his  resolution. 
Mr.  GARDNER  offered  the  following,  in  lieu  of  Mr.  Campbell's : 
In  the  19th  and  20th  lines  strike  out  the  following : 
"  Entitled  an  act  to  authorize  the  people  to  call  a  Convention  and 
for  other  purposes,  did  authorize  the  people  of  the  State  to  call  a 
Convention,"  and  insert  in  lieu  thereof  the  following :     "  Provide 
for  the  calling  of  a  Convention  by  the  people  of  the  State." 

Mr.  THOMPSON,  of  Davidson,  offered  the  following,  in  lieu  of 
Mr.  Campbell's  and  Mr.  Gardner's  : 

Resolved,  That  after  the  word  "  did,"  at  the  end  of  the  nineteenth 
line,  the  word  "  authorize  "  be  stricken  out,  and  the  following  in- 
serted in  lieu  thereof:  "  In  obedience  to  the  expressed  will  of  the 
people  provide  a  mode  for." 

Which  was  rejected  by  the  Convention. 

Mr.  BROWN,  of  Davidson,  submitted  the  following  amendment  to 
the  proposition  of  Mr.  Gardner,  which  was  accepted  : 

"  Provide  for  the  calling  of  a  Convention  by  the  people." 

And  the  amendment  as  amended  was  adopted  by  the  Conven- 
tion. 

Mr.  GARDNER  proposed  to  amend  as  follows : 

In  the  21st  line  strike  out  the  words,  "and  to  elect  delegates," 
and  insert  the  words  "  for  the  election  of  delegates." 

Which  was  adopted. 

Mr.  GARNER  submitted  the  following  amendments  : 

After  the  word  "  mode,"  in  line  23,  strike  out,  " Authorized  by 
said  act  have  called  said  Convention  and  elected  delegates,"  and  in- 
sert, "  Provided  for  by  said  act,  did  on  the  eighteenth  day  of  Decem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
nine,  at  a  general  election,  call  said  Convention  and  elected  dek- 
gates ' 

Mr.    PORTER,  of  Henry,  offered    the  following  in  lieu  of  Mr. 
Garner's  which  was  accepted  and  adopted  by  the  Convention  : 
WHEREAS,  The  people  of  the  State,  in  the  mode  prescribed  by 


90 

said  act,  have  called  said  Convention  and  elected  delegates  to  repre- 
sent them  therein. 

Mr.  NICHOLSON  offered  the  following  amendments,  which  were 
adopted : 

In  line  22,  after  "amending,"  insert  or,  and  after  "  revising/7  in- 
sert the  present  Constitution ;  after  "  or  n  insert  o/,  so  that  it  will 
read  : 

"Amending  or  revising  the  present  Constitution,  or  of  forming 
and  making  a  new  Constitution. 

On  motion  of  Mr.  THOMPSON,  of  Davidson,  the  Convention  ad- 
journed until  to-morrow  morning,  at  10  o'clock. 


TUESDAY  MORNING  JANUARY  18,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  KELLY. 

The  Journal  of  yesterday  was  read  and  approved. 

The  President  announced  that  the  unfinished  business  of  yester- 
day was  the  order  of  the  day. 

On  motion  of  Mr.  Baxter,  the  order  of  the  day  was  set  aside  to 
permit  the  introduction  of  memorials  and  petitions. 

AMENDMENTS    PROPOSED. 

Mr.  GARDNER  submitted  the  following  amendments  to  the  Consti- 
tution of  the  State,  which  were  read  and  referred  to  the  Committee 
on  Miscellaneous  Provisions : 

Resolved,  That  the  Committee  on  Miscellaneous  Provisions  be  in- 
structed to  prepare  and  report  an  amendment  to  section  3,  of  Article 
XI,  as  an  addition  to  said  section,  in  substance  as  follows  : 

The  Legislature  shall  have  the  right,  at  any  time,  by  law,  to  sub- 


91 

mit  to  the  people  the  question  of  calling  a  Convention  to  alter,  re- 
form, or  abolish  this  Constitution  ;  and  when,  upon  such  submission, 
a  majority  of  the  votes  cast  shall  be  in  favor  of  said  proposition,  the 
delegates  shall  be  chosen,  and  the  Convention  shall  assemble  in 
such  mode  and  manner  as  shall  be  prescribed  by  law. 


MISCELLANEOUS. 

Mr.  HOUSE,  of  Williamson,  offered  the  following  resolution  : 
Resolved,  That  the  Door-keeper  be  instructed  to  purchase  two 
filters  for  the  use  of  the  Convention. 

On  motion  of  Mr.  House,  the  rules  were  suspended,  and  the  reso- 
lution was  adopted. 

MEMORIALS. 

Mr.  KIRKPATRICK  presented  a  communication  in  relation  to  the 
establishment  of  the  County  of  Powell,  which,  without  being  read, 
was  referred  to  the  Committee  on  New  Counties  and  County  Lines. 

Mr.  SAMPLE  presented  a  memorial  from  a  large  number  of  the 
citizens  of  Grainger,  Hawkins,  Jefferson,  Greene,  and  Cocke  Coun- 
ties for  the  establishment  of  a  new  County,  which  was  read  and  re- 
ferred to  the  Committee  on  New  Counties  and  County  Lines. 

AMENDMENTS   PROPOSED. 

Mr.  SAMPLE  submitted  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  New  Counties  and  County  Lines : 

Resolved,  That  a  new  County  may  be  formed  out  of  territory  to 
be  taken  from  the  Counties  of  Jefferson,  Grainger,  Hawkins,  Greene 
and  Cocke,  to  contain  not  less  than  250  square  miles,  and  have  in 
its  bounds  1000  qualified  voters  ;  and  lines  of  said  new  County 
not  to  approach  nearer  to  the  old  County  seats  or  Courthouses  than 
ten  miles.  Provided,  The'  residents  of  said  new  County  assume  their 
proportionable  part  of  the  debts  of  the  Counties  from  which  they 
are  taken. 

MEMORIAL. 

Mr.  WARNER  presented  a  memorial  from  sundry  citizens  of  Mar- 
shall, Williamson  and  Rutherford  Counties,  praying  for  the  estab- 
lishment of  a  new  county  and  county  lines. 


92 


REPORT  ON  THE  FRANCHISE. 

Mr.  NICHOLSON,  from  the  Committee  on  Elections  and  the  Right 
of  Suffrage,  submitted  the  following : 

The  Committee  on  Elections  and  Right  of  Suffrage  have  consid- 
ered the  several  propositions  referred  to  them  on  the  subject  of  the 
Elective  Franchise,  and  have  instructed  me  to  make  the  following 
report : 

REPORT. 

1.  A  majority  of  the  Committee   recommend  that   the   Elective 
Franchise  shall   not  be  withdrawn  from  the  colored  men,  but  that 
they  shall  be  secured  in  the  continued  exercise  thereof. 

2.  A  majority  of  the  Committee  have  rejected  the  proposition  to 
submit  the  question  of  suffrage  by  colored  persons,  as  an  indepen- 
dent proposition,  separate  and  apart  from  all  others. 

3.  A  majority  of  the  Committee  recommend  that  the  payment  of 
such  poll  taxes  as  may  be  assessed  by  law,  shall  be  made  a  condition 
precedent  to  the  exercise  of  the  elective  franchise. 

4.  A  majority  of  the  Committee  recommend  that  the  General 
Assembly  be  empowered  to  pass  laws  for  requiring  voters  to  vote  in 
the  election  precincts  in  which  they  may  reside,  and  to  secure  the 
freedom  of  elections  and  the  purity  of  the  ballot  box. 

For  the  purpose  of  carrying  out  the  conclusions  of  the  Commit- 
tee, a  majority  of  them  recommend  that  the  following  be  adopted 
by  the  Convention,  in  lieu  of  Section  1,  Article  IV,  of  the  present 
Constitution,  viz  : 

ARTICLE  IV. 

Sec.  1.  Every  man  of  the  age  of  twenty-one  years,  being  a  citi- 
zen of  the  United  States,  and  a  citizen  of  the  county  wherein  he 
may  offer  his  vote  six  months  preceding  the  day  of  election,  shall 
be  entitled  to  vote  for  members  of  the  General  Assembly,  and  other 
civil  officers  for  the  county  or  district  in  which  he  resides ;  and 
there  shall  be  no  qualification  attached  to  the  right  of  suffrage,  ex- 
cept that  each  voter  shall  give  to  the  Judges  of  the  election,  where 
he  offers  to  vote,  satisfactory  evidence  that  he  has  paid  the  poll 
taxes  then  due  by  him,  without  which  his  vote  cannot  be  received  : 
And  all  male  citizens  of  the  State  shall  be  subject  to  the  payment 
of  poll  taxes  and  to  the  performance  of  military  duty,  within  such 
ages  as  may  be  prescribed  by  law ,  Provided,  That  the  General  As- 
sembly shall  have  power  to  enact  laws  requiring  voters  to  vote  in 
the  election  precincts  in  which  they  may  reside,  and  laws  to  secure 
the  freedom  of  elections  and  the  purity  of  the  ballot  box. 

On  motion  of  Mr.  NICHOLSON,  the  report  of  the  Committee  was 
laid  on  the  table. 


93 


BILL  OF  RIGHTS  FURTHER  CONSIDERED. 

The  Convention  proceeded  to  the  consideration  of  the  report  of 
the  Committee  on  Bill  of  Rights. 

Sections  1,  2  and  3  were  adopted. 

Mr.  KIRKPATRICK  proposed  the  following  amendment  to  Sec- 
tion 4  : 

"  Except  as  now  provided  by  Section  3,  of  the  Fourteenth  Amend- 
ment to  the  Constitution  of  the  United  States." 

On  motion  of  Mr.  WRIGHT,  the  amendment  of  Mr.  Kirkpatrick 

was  laid  on  the  table. 

Mr.  HEISKELL  submitted  the  following  amendment  to  Section  4  : 
"  That  no  religious  test,  or  any  oath  relating  to  conduct  prior  to 

the  administration  thereof,  shall  ever  be  required  as  a  condition  to 

the  exercise  of  the  right  of  suffrage,  or  holding  any  office  or  public 

trust  in  this  State ;"' 

Which  was  rejected  by  the  Convention. 

Section  4  was  then  adopted. 

Section  5  was  passed  over  informally. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  offered 
the  following  amendment  to  Section  6 : 

"  And  no  political  test  shall  ever  be  prescribed  by  the  Legislature 
as  a  qualification  for  jurors,"  so  that  said  section  shall  read  as  fol- 
lows : 

The  right  of  trial  by  jury  shall  remain  inviolate,  and  no  politi- 
cal test  shall  ever  be  prescribed  by  the  Legislature  as  a  qualification 
far  jurors. 

Mr.  TURNER  offered  the  following  in  lieu  of  the  amendment  of 
Mr.  House: 

Sec.  6.  That  the  right  of  trial  by  jury  shall  remain  inviolate, 
"  and  no  religious  or  political  test  shall  ever  be  required  as  a  quali- 
fication for  jurors." 

Which  was  accepted  by  Mr.  House. 

Mr.  GIBSON  moved  to  amend  the  amendment  of  Mr.  Turner,  as 
follows : 

Insert  "  other  than  the  ordinary  juror's  oath  at  Common  Law," 
between  words  "  test  "  and  "  shall." 

On  motion  of  Mr.  FULKERSON,  the  amendment  of  Mr.  Gibson 
was  laid  on  the  table. 


94 

Mr.  SEAY  offered  the  following  amendment  in  lieu  of  Mr.  Tur- 
ner's : 

Resolved,  That  Section  6,  Article  I,  be  amended  so  as  to  read  as 
follows  : 

That  the  right  of  trial  by  jury  shall  remain  inviolate,  and  no  re- 
ligious or  political  test  shall  ever  be  required,  either  directly  or  in- 
directly, as  a  qualification  to  sit  on  juries  in  this  State. 

On  motion  of  Mr.  FULKERSON,  the  amendment  of  Mr.  Seay  was 
laid  on  the  table. 

The  amendment  of  Mr.  TURNER  was  adopted,  and  the  section  as 
amended  was  adopted  by  the  Convention. 

Sections  7  and  8  were  adopted  without  amendment. 

Mr.  BUKTON  proposed  the  following  amendment  to  Section  9  : 
Resolved,  That  Section  9,  of  the  amended  Bill  of  Rights  reported 

by   the    Committee,    be   amended    by  striking   out  all  the    words 

therein  printed  in  italics. 

Mr.  BROWN,  of  Davidson,  submitted  the  following  additional 
amendment : 

Provided,  That  the  venue  shall  not  be  changed  in  behalf  of  the 
State  in  any  instance,  until  the  whole  panel  of  the  County  shall  be 
exhausted. 

Mr.  TURNER  offered  the  following  in  lieu  of  the  pending  amend- 
ments : 

Inserting  after  the  word  offense,  "Provided,  That  the  State  shall 
not  change  the  venue  unless  a  panel  of  two-thirds  of  the  qualified 
jurors  ot  the  county  has  been  exhausted,  nor  shall  the  venue  be 
changed  to  any  other  than  an  adjoining  county." 

On  motion  of  Mr.  BAXTER,  all  of  the  pending  amendments,  ex- 
cept the  motion  to  strike  out,  were  laid  on  the  table. 

Mr.  GARDNER  offered  the  following  amendment : 

Strike  out  in  the  5th  and  6th  lines  the  words,  "  for  a  good  cause 
to  another;"  and  insert  "because  an  impartial  jury  cannot  be  em- 
panneled  in  the  county  where  the  offender  is  arraigned,  to  an  ad- 
joining;" and  strike  out  the  words  "  or  district,"  in  the  6th  line. 
The  section  will  then  read  "Unless  the  venue  shall  be  changed,  because 
after  an  actual  and  honest  effort  to  make  one,  an  impartial  jury  can 
not  be  empanneled  in  the  county  where  the  offender  is  arraigned,  to 
an  adjoining  county,  in  the  mode  to  be  prescribed  by  a  general  pub- 
lic law,  passed  before  the  alleged  commission  of  the  offense. 


95 

Mr.  KIRKPATRICK  submitted  the  following  amendment  to  Mr. 
Gardner's  amendment : 

"  To  the  nearest  county  free  from  like  objection." 

On  motion  of  Mr.  BLIZARD,  the  amendments  were  laid  on  the 
table. 

Mr.  KENNEDY  demanded  the  previous  question,  which  was  sus- 
tained. 

Mr.  THOMPSON,  of  Davidson,  submitted  the  following,  which 
was  read  for  information  : 

Be  it  resolved,  That  Section  9,  of  the  Bill  of  Rights,  be  amended 
by  adding  the  following : 

But  where  the  offense  shall  have  been  committed  within  one- 
fourth  of  a  mile  of  a  county  line,  the  trial  may  be  had  either  in  the 
county  where  it  was  committed,  or  in  the  county  nearest  to  the 
place  where  the  offense  was  committed. 

The  question  recurring  on  Mr.  BURTON'S  proposition  to  strike 
out, 

Mr.  BURTON  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  resolution  to  strike  out  sustained. 

Those  voting  in  the  affirmative  were : 

Messrs.  Allen,  Brown  of  Davidson,  Branson,  Burton,  Cummings, 
Campbell,  Carter,  Dibbrell,  Deavenport,  Deaderick,  Dromgoole, 
Finley,  Fentress,  Fielder,  Gibson,  Gibbs,  Gordon,  Garner,  Hill  of 
Warren,  Hill  of  Gibson,  Heiskell,  House  of  Davidson,  Robertson 
and  Montgomery,  Jones  of  Lincoln,  Kennedy,  Kyle,  Mabry, 
Meeks,  Netherland,  Porter  of  Henry,  Parker,  Seay,  Shepard, 
Stephens,  Shelton,  Thompson  of  Davidson,  Thompson  of  Maury, 
Taylor,  Wright,  Williamson  and  Warner — 39. 

Those  voting  in  the  negative  were  : 

Messrs.  Arledge,  Burkett,  Baxter,  Britton,  Brooks,  Byrne,  Bliz- 
ard,  Brandon,  Bate,  Coffin,  Chowning,  Cypert,  Doherty,  Fulkerson, 
Gaut,  Gardner.  Henderson,  House  of  Williamson,  I  vie,  Jones  of 
Giles,  Kirkpatrick,  Key,  Martin,  Morris,  McDougal,  McNabb, 
Nicholson,  Porter  of  Haywood,  Sample  and  Turner — 30. 

On  motion  of  Mr.  HEISKELL  the  words  "  or  Districts "  were 
stricken  out,  and  the  9th  Section,  as  thus  amended,  was  adopted  by 
the  Convention. 

On  motion  of  Mr.  FENTRESS,  the  Convention  adjourned  until  to- 
morrow morning  at  10  o'clock. 


96 


WEDNESDAY  MORNING,  JANUARY  19,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Dr.  MOORE. 

The  Journal  of  yesterday  was  read  and  approved. 

AMENDMENTS  PROPOSED. 

The  roll  was  called  for  memorials  and  petitions,  when  Mr.  KYLE 
submitted  the  following  resolutions,  which  were  read  and  referred 
to  the  Committee  on  the  Judiciary : 

Resolved,  That  the  Judiciary  Committee  inquire  into  and  make 
such  alterations  or  amendments  to  our  existing  State  Constitution 
so  as  to  provide  for  the  election  of  only  one  Justice  of  the  Peace  in 
each  Civil  District  in  the  various  Counties  of  the  State,  except  the 
Town  Districts,  where  there  shall  be  two. 

2.  That  the  said  Committee  be  directed  to  inquire  into  the  pro- 
priety of  so  reorganizing  our  present  County  Court  system,  as  to 
increase  their  jurisdiction  over  all  misdemeanors,  and  of  making 
petit  larceny  a  misdemeanor;  and   in   default  of  the  payment  of 
fines  and  costs,  the  said  Court  shall  have  power  to  force  payment 
either  in  a  County  work-house  or  public  roads  of  the  County. 

3.  That  each  County  Court  in  the  State  shall  have  the  power  to 
elect  a  Prosecuting  Attorney,  whose  duty  it  shall  be  to  prosecute 
all  misdemeanors,  receiving  the  fees  now  fixed,  or  that  may  here- 
after be  fixed  by  law. 

That  the  fees  of  Magistrates  be  increased. 

Mr.  WARNER  submitted  the  following  resolutions,  which  were 
read  and  referred  to  the  Committee  on  New  Counties  and  County 
Lines : 

Resolved,  That  the  Committee  on  New  Counties  and  County 
Lines  inquire  into  the  propriety  of  establishing  a  new  County  out 
of  the  North  part  of  Marshall,  North-west  part  of  Bedford,  South- 
west part  of  Rutherford,  South  part  of  Williamson,  and  East  part 
of  Maury,  to  consist  of  an  area  of  not  less  than  two  or  three  hun- 
dred square  miles,  and  containing  a  voting  population  of  not  less 
than  eight  hundred  or  one  thousand. 

Resolved  further ,  That  in  forming  said  new  County,  the  line  (*r 
lines  shall  not  run  nearer  the  County  sites  of  the  old  Counties  than 


97 

ten  miles,  and  that  neither  one  of  the  old  Counties  mentioned  shall 
be  reduced  in  area  less  than  three  hundred  square  miles. 

Resolved  further,  That  this  shall  be  left  to  the  qualified  voters  liv- 
ing within  the  fractions  out  of  which  the  new  County  is  to  be 
formed,  whether  or  not  they  want  or  will  have  said  new  County, 
and  if  a  majority  of  the  voters  contained  therein  vote  for  the  same, 
then  the  same  may  be  established. 

Resolved,  That  the  said  Committee  also  inquire  into  the  pro- 
priety of  taking  off  from  the  County  of  Giles,  on  the  North  part 
adjoining  Marshall  County,  fifty  square  miles,  and  adding  the  same 
to  said  Marshall :  Provided,  however,  That  a  majority  of  the  quali- 
fied voters  in  said  fraction  shall  vote  in  favor  of  the  same. 

Resolved  further,  That  in  taking  off  said  fraction  the  line  shall 
not  run  nearer  the  County  site  of  Giles  County  than  ten  miles,  and 
the  area  of  said  County  of  Giles  shall  not  be  reduced  to  less  than 
five  hundred  square  miles. 

Resolved  further,  That  as  soon  as  this  Constitution  is  adopted, 
the  Legislature  shall  fix  the  time  and  place,  and  prescribe  the  man- 
ner of  voting,  consistent  with  the  above,  for  the  new  County  or 
against  it,  and  for  the  fraction  of  Giles  to  come  to  Marshall  or 
against  it. 

Resolved  further,  That  as  soon  as  the  vote  has  been  taken,  as 
above  specified,  if  a  majority  of  the  various  fractions  shall  vote  for 
a  new  County,  if  a  new  County  can  be  had  according  to  the  afore- 
said specifications,  then  the  lines  may  be  run  and  the  County  laid 
off  and  established ;  and  if  the  majority  of  the  fraction  from  Giles 
shall  vote  to  come  into  Marshall,  then  the  line  shall  be  run  in  ac- 
cordance with  the  rules  or  lines  above  specified,  and  if  in  accord- 
ance therewith  the  same  can  be  done,  then  the  same  shall  be  a  part 
of  Marshall. 


MINORITY   REPORT   ON   THE    ELECTIVE    FRANCHISE. 

Mr.  FENTRESS,  from  the  Minority  of  the  Committee  on  Elec- 
tions and  Franchise,  made  the  following  report,  which  was  read,  and 
150  copies  of  it  and  the  Report  of  the  Majority  ordered  to  be 
printed : 

We,  the  undersigned,  members  of  the  Committee  on  Elective 
Franchise,  beg  leave  to  submit  the  following  report,  to-wit : 

We  cannot  concur  with  the  Majority  of  the  Committee  in  drawing 
a  black  line  across  the  word  "  white  "  in  the  Constitution  of  Ten- 
nessee, and  in  their  action,  refusing  to  submit  the  question  of 
negro  suffrage  to  be  voted  upon  as  a  separate  proposition  by  the 
people. 

We  hold  that  the  negro  race  is  the  lowest  order  of  human  beings, 
incapable  in  themselves  of  a  virtuous,  intelligent  or  free  govern- 
7  ^ 


98 

ment ;  and  for  the  truth  of  this,  we  appeal  to  history,  and  challenge 
the  world  to  show  a  single  exception. 

We  hold  that  the  inferiority  of  the  negro  to  the  white  man,  in 
race,  color  and  capacity  for  permanent,  well-ordered  government, 
has  been  fixed  by  Him,  who  "  doeth  all  things  well,"  and  whose 
natural  or  revealed  law  has  never  been  violated  by  any  human  gov- 
ernment without  disaster  and  confusion.  The  proud  Castilian  vio- 
lated this  natural  law,  when,  instead  of  recognizing  in  the  body 
politic,  the  distinction  which  God  had  made  between  him  and  the 
Aztec,  the  Indian  and  the  negro,  he  made  them  politically  equal, 
and  swift  destruction  came  upon  him,  insomuch  that  his  pure  blood 
cannot  now  be  traced  in  the  mongrel,  miscegenating  horde,  who,  by 
never-ceasing  revolution  and  civil  strife,  desolate  the  rich  and  beau- 
tiful lands  of  Mexico. 

We  hold  that  the  elective  franchise  is  the  highest  crowning  right 
which  can  be  held  by  a  freeman  ;  the  which,  wrhen  a  man  shall  be 
legally  entitled  to  enjoy,  there  doth  necessarily  follow  those  inci- 
dentals— the  right  to  sit  on  juries,  to  hold  office,  and  (what  is  more 
terrible  to  contemplate)  the  right  to  social  equality  and  intermar- 
riage. 

We  hold  that  this  Convention  should  not  be  moved  by  fear  of  ar- 
bitrary power,  to  shut  their  eyes  to  the  light  of  experience,  and 
falling  in  with  the  fanaticism  of  the  hour,  deny  the  truth,  and 
blindly  rush,  in  defiance  of  the  natural  law  of  God,  to  the  confusion 
of  our  race,  and  destruction  of  the  government  our  fathers  left  us. 

We  hold  that  the  people  of  Tennessee  have  the  right  to  consider 
this  tremendom  question  for  themselves,  as  a  separate,  distinct  prop- 
osition, as  the  people  of  New  York,  Ohio,  Michigan,  Minnesota, 
Colorado,  Kansas,  Missouri  and  Connecticut,  have  lately  done ;  and, 
having  considered  it  in  all  its  bearings,  to  decide  it  for  themselves, 
free  from  the  incumbrance  of  any  other  questions ;  and  that  any  at- 
tempt by  this  Convention  to  prevent  a  fair  expression  of  their  will, 
by  refusing  to  allow  the  people  to  vote  upon  it  as  a  separate  ques- 
tion, will  be  a  gross  violation  of  the  rights  of  the  people,  and  of  the 
principles  of  republican  and  democratic  government ;  especially  so 
iti  this  case,  because  no  expression  of  the  will  of  the  people,  or  gen- 
eral discussion  upon  it  was  had,  pending  the  election,  in  a  large 
majority  of  the  Districts,  represented  by  Delegates  in  this  Conven- 
tion ;  and,  in  a  great  many,  the  question  was  not  even  mentioned, 
and  deliberate  discussion  was  impossible  in  the  brief  time  between 
the  call  of  the  Convention  and  election  of  Delegates ;  therefore, 

In  behalf  of  the  people  of  Tennessee,  and  in  view  of  the  fact 
that  no  Convention  of  any  State  in  the  United  States  has  refused  to 
submit  this  question  as  a  separate  proposition  back  to  the  people, 
and  following  the  precedent  of  the  States  above  mentioned,  and  in 
order  that  due  discussion  and  deliberation,  and  the  light  of  events 
which  may  transpire  between  the  adjournment  of  this  Convention 


99 

and  the  time  fixed  for  the  vote  of  the  people,  may  be  had;  having 
also  the  utmost  confidence  that  when  said  subject  has  been  dis- 
cussed, deliberated  upon  and  weighed,  the  people  will  do  right. 
]t  is  recommended  that  this  Convention  adopt  the  following,  to-wit : 
That  on  the-  -  day  of  -  -,  A.  D.  18— ,  the  polls  shall  be 
opened  at  the  respective  voting  places  in  each  County  in  this  State, 
by  the  proper  officers;  and  those  who  are  in  favor  of  extending  the 
right  of  suffrage  to  the  negro  equally  with  the  white  man,  shall  have 
printed  or  written  on  their  ballots,  "  negro  suffrage/'  and  those  who 
are  opposed  to  the  negro  being  allowed  equally  with  the  white  man 
the  right  of  the  elective  franchise,  shall  have  written  or  printed  on 
their  ballots,  "  white  suffrage ,"  and  in  case  a  majority  of  the  quali- 
fied electors  vote  in  said  election  "  negro  suffrage,"  then  the  word 
"  white"  in  the  first  line  of  Article  IV,  Section  1,  of  the  Constitu- 
tion of  Tennessee,  shall  be  stricken  out ;  but  if  a  majority  of  said 
electors  shall  vote  '•'  white  suffrage,"  then  said  section  shall  read  as 
follows,  to-wit :  "  Every  free  white  man,  of  the  age  of  twenty-one 
years,  being  a  citizen  of  the  United  States,  and  a  citizen  of  the 
county  wherein  he  may  offer  his  vote,  six  months  next  preceding  the 
day  of  election,  shall  be  entitled  to  vote  for  members  of  the  General 
Assembly  and  other  civil  officers  for  the  County  or  District  in 
which  he  resides." 

Respectfully  submitted, 

JAMES  FENTRESS, 
WM.  H.  WILLIAMSON, 
H.  R.  BATE, 
W.  CUMMINGS. 

REPORT   OF    COMMITTEE    ON    PRINTING. 

Mr.  GARNER,  from  the  Committee  on  Printing,  made  the  follow- 
ing report : 

The  Committee  on  Printing  have  had  under  consideration  the 
resolution  offered  by  Mr.  Thompson,  of  Maury,  relative  to  the 
printing  of  stenographic  reports  of  the  proceedings  of  this  Conven- 
tion, and  have  instructed  me  to  report  the  following  resolution,  and 
recommend  its  adoption,  viz.: 

Resolved j  That  the  Committee  on  Printing  be  authorized  to  con- 
tract with  the  Public  Printers  of  this  State,  Jones,  Purvis  &  Co., 
(Proprietors  of  the  Union  and  American  and  Republican  Banner) 
for  stenographic  reports  of  the  proceedings  and  debates  of  this  Body, 
and  for  the  printing  and  binding  of  2000  copies  of  said  reports,  in 
one  volume,  to  be  as  well  done  as  CaldwelPs  Reports  of  the  Decis- 
ions of  the  Supreme  Court  of  Tennessee.  All  to  be  done  under  the 
supervision  of  said  Committee,  and  the  prices  for  the  printing  to  be 
those  fixed  by  law.  Respectfully  submitted, 

JOHN  E.  GARNER,  Chairman. 


100 

On  motion  of  Mr.  Key,  the  resolution  and  report  was  laid  on  the 
able. 

BILL   OF    EIGHTS    FURTHER   CONSIDERED. 

The  Convention  proceeded  to  the  consideration  of  the  report  of 
the  Committee  on  the  Bill  of  Rights,  the  unfinished  business  of 
yesterday. 

On  motion  of  Mr.  NICHOLSON,  the  5th  section,  which  was  passed 
over  informally  yesterday,  was  taken  up. 

Mr.  CARTER  submitted  the  following  amendment : 

"  Strike  out  all  of  said  section  after  the  word  equal. " 

Mr.  CARTER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  resolution  was  rejected. 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Brown  of  Carrorl,  Gibson,  Madison,  and 
Henry,  Bate,  Cummings,  Campbell,  Carter,  Deavcnport,  Deaderiek, 
Dromgoole,  Fen  tress,  Fielder,  Gordon,  Hill  of  Gibson,  Jones  of 
Lincoln,  Porter  of  Henry,  Turner,  Taylor,  Wright,  and  William- 
son—20. 

Those  voting  in  the  negative  are  : 

Messrs.  Burkett,  Brown  of  Davidson,  Branson,  Baxter,  Britton, 
Brooks,  Byrne,  Blizard,  Burton,  Brandon,  Coffin,  Chowning,  Cypert, 
Dibbrell,  Doherty,  Finley,  Fulkerson,  Gaut,  Gibson,  Gardner, 
Gibbs,  Garner,  Henderson,  Hill  of  Warren,  Heiskell,  House  of 
Williamson,  House  of  Davidson,  Robertson,  and  Montgomery,  Ivie, 
Kirkpatrick,  Key,  Kennedy,  Kyle,  Martin,  Mabry,  Morris,  Meeks, 
McDougal,  McNabb,  Netherland,  Nicholson,  Porter  of  Haywood, 
Parker,  Seay,  Stephens,  Staley,  Sample,  Shelton,  Thompson  of 
Davidson,  Thompson  of  Maury,  and  Warner — 50. 

The  fifth  section,  as  reported  by  the  Committee,  was  then  adopted 
by  the  Convention. 

Sections  10,  11,  12  and  13  were  adopted  as  reported  by  the  Com- 
mittee. 

Section  14  was  taken,  up,  when  Mr.  HOUSE  of  Davidson,  Robert- 
son and  Montgomery,  offered  the  following  in  lieu  of  said  section : 

Strike  out  the  14th  Section  of  Bill  of  Rights,  and  insert  in  place 
thereof  the  following: 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infa- 
mous crime  except  by  presentment,  indictment  or  impeachment  ; 
but  the  Legislature,  in  case  of  petit  larceny,  and  in  cases  of  assault, 
assault  and  battery,  aftray,  riot,  unlawful  assembly,  vagrancy,  and 


101 

other  misdemeanors  of  a  like  character/ may,  dispense  with  inquest 
of  a  grand  jury,  on  indictment  or  presentment;  aiifl  .  :i^iy  a-atuorize 
prosecutions  for  such  offences,  before  such  inferior  court  or  courts  as 
may  be  established  by  the  Legislature  ;  and  the  proceedings  in  such 
cases  shall  be  regulated  by  law.  Provided,  That  all  defendants,  so 
arraigned,  shall  have  the  right  of  trial  by  jury,  unless  the  same 
shall  be  expressly  waived  in  such  mode  as  may  be  established  by 
law. 

Mr.  WARNER  offered  the  following  in  lieu  of  Mr.  House's  amend- 
ment : 

"  Except  in  cases  of  misdemeanors."     So  said  section  would   read 
thus :     That  no  citizen  shall  be  put  to  answer  any  criminal  charge 
but  by  presentment,  indictment,  or  impeachment,  except  in  cases  of 
misdemeanors,  when  the  crime  does   not   merit  imprisonment  as  a 
penalty, 

Mr.  BAXTER  moved  to  lay  the  amendment  and  the  amendment 
in  lieu  on  the  table. 

Mr.  HOUSE,  of  Montgomery,  demanded  the  yeas  and  nays,  which 
were  ordered,  and  the  motion  to  lay  on  the  table  sustained. 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  A r ledge,  Bate,  Baxter,  Blizard,  Branson,  Brandon, 
Britton,  Brown  of  Davidson,  Burkett,  Byrne,  Carter,  Coffin,  Cum- 
mings,  Cypert,  Deaderick,  Fentress,  Fielder,  Finley,  Garner,  Gaut, 
Gibbs,  Gibson,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gib- 
son, Ivie,  Jones  of  Lincoln,  Kirkpatrick,  Mabry,  McDougal, 
McNubb,  Martin,  Meeks,  Morris,  Ketherland,  Parker,  Sample, 
Shepard,  Shelton,  Stephens,  Thompson  of  Maury  and  Williamson — 
44. 

Those  voting  in  the  negative  are  : 

Messrs.'  Brooks,  Brown  of  Henry,  etc.,  Burton,  Campbell, 
Chowning,  Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Fulkerson, 
Gardner,  Gordon,  House  of  Williamson,  House  of  Davidson,  Rob- 
ertson, and  Montgomery,  Kennedy,  Key,  Kyle,  Nicholson,  Porter 
of  Hay  wood,  Porter  of  Henry,  Seay,  Staley,  Taylor,  Thompson  of 
Davidson,  Turner,  Warner,  and  Wright — 27. 

On  motion  of  Mr.  BAXTER,  the  section  was  amended  by  striking 
out  the  word  citizen  and  inserting  person. 

Mr.  HEISKELL  moved  to  amend  by  inserting  "free  man  "  in  lie:i 
of  person. 

Mr.  HEISKELL  demanded  the  yeas  and  nays  on  his  amendment, 
which  were  ordered,  and  the  amendment  rejected. 

Those  voting  in  the  affirmative  are : 

.Messrs.  Burkett,  Campbell,  Carter,  Deaderick,  Deavenjorb,  Drom- 


102 

goole,  Fentress,  Fielder,  ^itlkerson,  Garner,  Gibbs,  Gordon,  Heis- 
kell..  Reuoer^cn.  liill  of  'Gibson,  Jones  of  Lincoln,  Kirkpatrick, 
Kyle/  Morris,  Netherland,  Porter  of  Henry,  Shepard,  Taylor, 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner  and  William- 
son—27. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Brandon,  Branson, 
Britton,  Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burton, 
Byrne,  Coffin,  Cummings,  Cypert,  Dibbrell,  Doherty  Finley, 
Gardner,  Gaut,  Gibson,  Hill  of  Warren,  House  of  Williamson, 
House  of  Davidson,  Robertson,  and  Montgomery,  Ivie,  Kennedy, 
Key,  Mabry,  McDougal,  McNabb,  Martin,  Meeks,  Nicholson,  Par- 
ker, Porter  of  Hay  wood,  Sample,  Shelton,  Staley,  Stephens,  Warner 
and  Wright— 43. 

The  section,  as  amended,  was  then  adopted  by  the  Convention. 

Mr.  FENTRESS  offered  the  following  amendment  to  Section  15  : 

Resolved,  That  the  following  words  be  added  as  an  amendment  at 
the  end  of  the  4th  line  of  the  15th  Section  of  the  Bill  of  Rights  : 
"And  then  only  to  soldiers  in  actual  service."  So  that  the  same 
shall  read  as  follows  : 

Sec.  15.  That  all  prisoners  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offences,  when  the  proof  is  evident,  or  presump- 
tion great.  And  the  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  unless  when  in  case  of  rebellion  or  invasion  the 
General  Assembly  shall  declare  the  public  safety  requires  it,  and 
then  only  as  to  soldiers  in  actual  service. 

On  motion  of  Mr.  BAXTER,  the  amendment  was  laid  on  the 
table. 

The  section,  as  reported  by  the  Committee,  was  then  adopted  by 
the  Convention. 

Section  16  was  adopted  as  reported  by  the  Committee. 

Mr.  NETHERLAND  proposed  the  following  amendment  to  Sec- 
tion 17  : 

Be  it  resolved,  That  Section  17  be  amended  by  adding  the  words  : 
•''  In  the  same  tribunals  and  in  the  same  remedies  as  suits  against 
individuals." 

Mr.  GIBSON  submitted  the  following  additional  amendment  : 
"  The  Legislature  shall    pass   laws   whereunder   suits    may    be 
brought  against  the  State." 

Mr.  WILLIAMSON  submitted  the  following,  in  lieu  of  <fche  last 
clause  of  the  section  : 

"Provided,  No  suit  shall  be  brought  against  the  State." 


103 

On  motion  of  Mr.  HEISKELL,  the  pending  amendments  were 
laid  on  the  table,  and  the  section,  as  reported  by  the  Committee, 
was  adopted. 

Mr.  McDouGAL  submitted  the  following  amendment : 
Strike   out  ihe    18th  section    and   insert   in  lieu  thereof:     The 
Legislature  shall  pass  no  law  authorizing  imprisonment  for  debt  in 
civil  cases.  , 

Mr.  BAXTER  moved  to  lay  the  amendment  on  the  table,  and  de- 
manded the  yeas  and  nays,  which  were  ordered,  and  the  motion  to 
lay  on  the  table  failed. 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Brooks,  By.  ne,  Blizard,  Burton,  Carter, 
Dromgoole,  Finley,  Gardner,  Henderson,  Heiskell,  House  of  David- 
son, liobertson,  and  Montgomery,  I  vie,  Key,  Kennedy,  Martin, 
McNabb,  Porter  of  Haywood,  and  Sample — 20. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Burkett,  Brown,  of  Davidson,  Britton,  Brandon, 
Brown,  of  Henry,  etc.,  Bate,  Cuminings,  Coffin,  Campbell,  Chown- 
ing,  Cypert,  Dibbrell,  Deavenport,  Deaderick,  Doherty,  Fulkerson, 
Fentress,  Fielder,  Gaut,  Gibson,  Gibbs,  Gordon,  Garner,  Hill,  of 
Warren,  Hill,  of  Gibson,  House,  of  Williamson,  Jones,  of  Lincoln, 
Jones,  of  Giles,  Kirkpatrick,  Kyle,  Mabry,  Morris,  Meeks,  Mc- 
Dougal,  Nether  land,  Nicholson,  Porter,  of  Henry,  Parker,  Seay, 
Stephens,  Staley,  Shelton,  Thompson,  of  Davidson,  Thompson,  of 
Maury,  Turner,  Taylor,  Wright,  Williamson  and  Warner — 52. 

Mr.  HOUSE,  of  Williamson,  offered  the  following  amendment,  in 
lieu  of  Mr.  McDougaPs: 

Strike  out  18th  Section  and  insert: 

That  imprisonment  for  debt  cannot  exist  in  this  State  except 
for  fines  and  penalties  imposed  for  violation  of  law. 

Mr.  WRIGHT  demanded  the  previous  question,  which  was  sus- 
tained, and  a  vote  had  on  Mr.  McDouGAL's  amendment,  which  was 
adopted,  and  Section  18  as  amended  was  adopted  by  the  Con- 
vention. 

On  motion  of  Mr.  WRIGHT,  the  Convention  adjourned  until  to- 
morrow morning,  10  o'clock. 


104 


THURSDAY  MORNING,  JANUARY  20,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  INMAN. 

The  Journal  of  yesterday  was  read  and  approved. 
The  roll  was  called  for  Memorials  and  Petitions. 

AMENDMENT  PROPOSED. 

Mr.  BROOKS  submitted  the  following  amendment  to  the  Consti- 
tution, which  were  read  and  referred  to  the  Committee  on  the  Judi- 
ciary. 

Section  1.  Resolved,  That  the  Constitution  be  so  amended  that 
Justices  of  the  Peace  shall  have  full  jurisdiction  on  promissory 
notes  to  the  amount  of  five  hundred  dollars. 

Sec.  2.  Be  it  resolved,  That  said  Justices  of  the  Peace  shall  have 
full  jurisdiction  of  two  hundred  and  fifty  dollars  on  Accounts  and 
Attachments  or  Replevin. 

Sec.  3.  Be  it  resolved,  That  at  trials  under  the  above  section  the 
Justice  on  application  of  either  party  cause  to  be  summoned  a  Jury 
of  three  or  five  men  to  try  the  cause  and  hear  the  testimony,  and 
render  a  verdict  on  the  same,  and  be  governed  by  the  rules  govern- 
ing Juries  in  Courts  of  Record  subject  to  appeal  by  either  party. 

MEMORIAL. 

Mr.  COFFIN  presented  a  memorial  from  933  citizens  of  East 
Tennessee,  praying  a  change  of  the  Constitution  in  regard  to  the 
sale  of  intoxicating  liquors,  so  that  the  same  may  be  submitted  to 
a  vote  of  the  towns  and  Districts,  which  was  read  and  referred  to 
the  Committee  on  the  Legislative  Department. 

HOUR   OF   MEETING. 

Mr.  GIBSON  offered  the  following  resolution.,  which  lies  over 
under  the  rules : 


105 

7iY.Wn'(?,  That  hereafter,  and  until  further  ordered,  the  Con- 
vention shall  meet  at  9J  A.  M. 

AMENDMENTS    PROPOSED. 

Mr.  HILL,  of  Warren,  submitted  the  following  resolution,  which 
was  read  and  referred  to  the  Committee  on  New  Counties  and 
County  Lines : 

Resolved,  That  the  Committee  on  New  Counties  and  County  Lines 
be  instructed  to  report  an  amendment  to  Article  X,  Section  4,  of  the 
Constitution,  so  as  to  declare  Sequatchie  County  constitutionally 
established  as  its  boundaries  are  now  denned  by  Legislative  enact- 
ments. 

Mr.  KYLE  submitted  the  following  preamble  and  resolution, 
which  were  read  and  referred  to  the  Committee  on  Internal  Im- 
provements, Finance,  etc. : 

AV  HERE  AS,  It  is  notorious  that  the  Legislative  Department 
of  the  Government  have  granted  privileges  to  Express  and 
Telegraphic  Companies  that  are  in  conflict  with  the  interest  of 
the  great  mass  of  our  people ;  Therefore, 

Resolved,  That  the  proper  Committee  be  directed  to  enquire  into 
the  propriety  of  so  amending  our  Constitution,  as  to  restrain  and 
prohibit  the  said  companies  from  making  exorbitant  and  unreason- 
able charges  for  their  services. 

Mr.  KYLE  submitted  the  following  preamble  and  resolution, 
which  were  read  and  referred  to  the  Committee  on  Miscellaneous 
Provisions : 

WHEREAS,  The  office  of  County  Trustee  costs  the  various  coun- 
ties of  the  State,  annually,  from  $80,000  to  $100,000,  the  incum- 
bents therec/f,  rendering  inadequate  and  but  little  service  therefor, 
and, 

WHEREAS,  It  behooves  every  lover  of  the  State  in  our  straight- 
ened financial  condition  to  look  well  to  an  economical  administra- 
tion of  our  State  Government ;  Therefore, 

Resolved,  That  the  proper  Committee  be  directed  to  enquire  into 
the  propriety  of  abolishing  the  office  of  County  Trustee  and  substi- 
tuting the  County  Court  Clerk,  or  some  other  County  official  to  the 
duties  thereof. 

Mr,  KEY  presented  a  Memorial  from  sundry  citizens  of  the 
counties  of  Roane,  Monroe  and  Blount,  praying  the  establishment 
of  a  ne\v  County  out  of  portions  of  those  counties,  which,  without 
being  read,  was  referred  to  the  Committee  on  New  Counties. 

Mr.  KEY  submitted  the  following  resolution,  which  was  referred 
to  the  Committee  on  New  Counties  and  County  Lines: 


106 

Resolved,  That  a  new  County  may  be  formed  by  the  Legislature 
out  of  the  territory  around  the  town  of  London  and  Philadelphia, 
in  Monroe  County,  to  be  composed  of  fractions  of  the  Counties  of 
Roane,  Monroe  and  Blount ;  Provided,  that  said  new  County  shall 
not  approach  within  less  than  ten  miles  of  the  County  sites  of  either 
of  said  Counties,  and  shall  not  reduce  the  territorial  limits  of  either 
of  said  old  Counties  to  less  than  five  hundred  square  miles,  and 
said  new  County  shall  contain  an  area  of  at  least  three  hundred 
square  miles  and  a  voting  population  of  not  less  than  six  hundred. 

Mr,  MEEKS  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Elections  and  Right  of  Suffrage : 

Resolved,  That  the  Committee  on  Elections  be  requested  to  in- 
quire into  the  propriety  of  this  Convention  not  interfering  with  the 

elections,  which  are  to  take  place  on  the day  of  March  next, 

for  County  officers  of  this  State. 

MEMORIALS, 

Mr.  THOMPSON,  of  Maury,  presented  a  petition  from  numerous 
citizens  of  Maury,  asking  that  Clerks  and  Masters  of  the  Chancery 
Court  be  elected  by  the  people  of  their  respective  Counties  or  Dis- 
tricts, which,  without  being  read,  was  referred  to  the  Committee  on 
the  Judiciary. 

Mr.  SEAY  presented  a  memorial  from  a  large  number  of  citizens, 
of  Wilson,  Smith,  Macon  and  Sumner,  praying  the  establishment  of 
a  new  County  out  of  portions  of  said  Counties,  whieh,  without 
being  read,  was  referred  to  the  Committee  on  New  Counties  and 
County  Lines. 

Mr,  SEAY  also  presented  a  memorial  from  citizens  of  Sumner 
County,  praying  a  change  in  the  Constitution,  in  relation  to  the 
establishment  of  new  counties,  so  that  a  county  can  be  formed  with 
a  less  area  than  now  required,  which  was  referred  to  the  Committee 
on  New  Counties, 

AMENDMENTS  PROPOSED, 

Mr.  WILLIAMSON  submitted  the  following  amendment,  which 
was  read  and  on  his  motion  ordered  to  be  laid  on  the  table  : 

Resolved.  That  Secticn  11,  Article  III,  of  the  Constitution  be 
amended  by  adding  the  following : 

"  And  every  bill  which  shall  have  passed  the  Senate  and  House  of 
Representatives,  shall  before  it  becomes  a  law,  be  presented  to  the 


107 

Governor;  if  he  approve,  he  shall  sign  it;  but  if  not,  lie  shall  re- 
turn it,  with  his  objections,  to  that  House  in  which  it  shall  have 
originated,  who  shall  enter  the  objections  at  large  on  their  Journal 
and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  two 
thirds  of  the  members  present  shall  agree  to  pass  the  bill,  it  shall  be 
sent,  with  the  objections,  to  the  other  House,  by  which  it  shall  be 
likewise  reconsidered,  and  if  approved  by  two  thirds  of  all  the 
members  present,  it  shall  become  a  law,  notwithstanding  the  objec- 
tion of  the  Governor :  But  in  all  such  cases,  the  votes  o1  both 
Houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
members  voting  for  and  against  the  bill  shall  be  entered  on  the 
Journal  of  each  House  respectively  If  any  bill  shall  not  be  re- 
turned by  the  Governor  within  ten  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law  in  like 
manner  as  if  he  had  signed  it,  unless  the  Legislature  shall,  by  their 
adjournment,  prevent  its  return ;  in  which  case  it  shall  not  become 
a  law. 


BILL  OF   RIGHTS    FURTHER   CONSIDERED, 

The  Convention  proceeded  to  the  consideration  of  the  report  of 
the  Committee  on  Bill  of  Rights — the  unfinished  business  of  yes- 
terday : 

Mr.  CYPERT  offered  the  following  amendment  to  Section  19  : 

That  the  nineteenth  Section  of  the  Bill  of  Eights  as  reported  by 
the  Committee  be  so  amended  as  to  read  as  follows : 

That  the  printing  presses  shall  be  free  to  every  person  who  un- 
dertakes to  examine  the  proceedings  of  the  Legislature  or  of  any 
branch  thereof,  or  officer  of  the  Government,  and  no  law  shall  ever 
be  made  to  restrain  the  right  thereof.  The  free  communication  of 
thoughts  and  opinions  is  one  of  the  invaluable  rights  of  man,  and 
every  citizen  may  freely  speak,  write  and  print  on  any  subject, 
being  responsible  for  the  abuse  of  that  liberty.  And  in  prosecu- 
tions for  the  publication  of  papers,  investigating  the  official  or  pri- 
vate conduct  of  any  officer  or  person,  the  truth  thereof  may  be 
given  in  evidence,  and  in  all  indictments  for  libels  the  jury  shall 
have  a  right  to  determine  the. law  and  the  facts,  under  the  direction 
of  the  Court  as  in  other  criminal  cases. 

Sec.  19,  line  — ,  strike  out  the  word  "  but "  and  insert  "  and." 
Line  6,  after  the  word  "  official"  strike  out  the  words  u  conduct  of 
officers  or  men  in  public  capacity,"  and  insert  the  words  "  or  pri- 
vate conduct  of  any  officer  or  person." 

On  motion  of  Mr.  FULKERSON,  the  amendments  were  laid  on  the 

table. 

Section  19,  as  reported  by  the  Committee,  was  adopted. 


108 

Section  20  was  taken  up,  when  Mr.  DEAVENPORT  submitted  the 
following  amendment : 

That  Section  20  be  so  amended  that  a  other  "  may  be  inserted  be- 
tween or  and  law,  so  that  said  section  will  read — 

Sec.  20.  That  no  retrospective  law,  or  other  law  impairing  the 
obligations  of  contracts,  shall  be  made. 

Which  amendment  was  rejected,  and  Section  20,  as  reported  by 
the  Committee,  was  adopted. 

Mr.  GIBSON  submitted  the  following  amendment  to  Section  21 : 

Strike  out  "  or  "  in  second  line,  and  insert  "  and,"  and  add  the 
words  "  in  money,"  after  the  word  "  compensation." 

Sec.  21.  That  no  man's  particular  services  shall  be  demanded  or 
property  taken  or  applied  to  public  use,  without  consent  of  his  rep- 
resentatives, and  without  just  compensation  in  money  being  made 
therefor. 

Which  amendment  was  rejected  by  the  Convention,  and  Section 
21,  as  reported  by  the  Committee,  was  adopted. 

Sections  22,  23  and  24,  as  reported  by  the  Committee,  were  adopted. 

Mr.  HEISKELL  proposed  to  amend  Section  25,  by  striking  out 
the  word  "  martial,"  and  substituting  the  word  "  military." 

Mr.  CAMPBELL  proposed  as  an  amendment  in  lieu,  that  the 
words  "  either  under  martial  or  under  military  law,"  be  inserted. 

Which  was  adopted  in  lieu  of  Mr.  Heiskell's. 

Mr.  FIELDER  demanded  the  previous  question,  which  was  sus- 
tained, and  the  amendment  of  Mr.  CAMPBELL  was  adopted,  and 
Section  25,  as  amended,  was  adopted. 

Mr.  HEISKELL  offered  the  following  clause  to  Section  25 : 

<f  That  martial  law,  in  the  sense  of  the  unrestricted  power  of  mil- 
itary officers  or  others  to  dispose  of  the  persons,  liberties  or  prop- 
erty of  the  citizen,  is  inconsistent  with  the  principles  of  free  gov- 
ernment, and  is  not  confided  to  any  department  of  the  government 
of  this  State." 

Which  was  adopted. 

Mr.  GARDNER  offered  the  following  amendment  to  Section  26,  by 
adding  to  the  end  of  the  Section : 

11  But  the  Legislature  shall  have  power,  by  law,  to  regulate  the 
wearing  of  arms  with  a  view  to  prevent  crime." 

Which  was  adopted,  and  Section  26,  as  thus  amended,  was  adopt- 
ed by  the  Convention. 

Section  27  was  adopted  as  reported  by  the  Committee,  without 
amendment. 


109 

Mr.  CVPKUT  proposed  to  amend  Section  28,  as  follows: 

That  Section  28  be  stricken-  out,  and  in  lieu  thereof  the  following 

words  be  inserted  : 

"All  citizens  of  this  State,  between  such  ages  as  now  prescribed, 

or  as  may  hereafter  be  prescribed  by  law,  may  be  compelled  to  bear 

arms,  and  no  equivalent  in   money  shall  ever  be  received  by  the 

State  in  lieu  of  such  services." 

Which  amendment  was  rejected,  and  the  section,  as  reported  by 
the  Committee,  adopted. 

Sections  29,  30,  31,  32,  33  and  34  were  adopted  by  the  Conven- 
tion, as  reported  by  the  Committee,  without  amendment. 

Mr.  HEISKELL  moved  to  reconsider  the  vote  adopting  the  four- 
teenth Section. 

Mr.  BAXTER  moved  to  lay  the  motion  to  reconsider  on  the  table, 
and  demanded  the  yeas  and  nays,  which  were  ordered,  and  the  mo- 
tion to  lay  on  the  table  lost. 

Those  voting  in  the  affirmative  arc  : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blackburn,  Blizard,  Bran- 
son, Britton,  Brooks,  Carter,  Chowning,  Cummings,  Deaderick, 
Fielder,  Finley,  Gibbs,  Henderson,  Hill  of  Warren,  Hill  of  Gib- 
son, Ivie,  Jones  of  Lincoln,  Kirkpatrick,  Mabry,  McDougal,  Mc- 
Nabb,  Morris,  Netherland,  Sample,  Stephens  and  Thompson  of 
Maury— 30. 

Those  voting  in  the  negative  are : 

Messrs.  Brandon,  Brown  of  Davidson,  Brown  of  Henry,  etc., 
Burkett,  Burton,  Byrne,  Campbell,  Coffin,  Cypert,  Deavenport, 
Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fulkerson,  Gardner,  Gar- 
ner, Gaut,  Gibson,  Gordon,  Heiskell,  House  of  Williamson,  House 
of  Davidson,  Robertson  and  Montgomery,  Jones  of  Giles,  Kennedy, 
Key,  Kyle,  Martin,  Meeks,  Nicholson,  Parker,  Porter  of  Hay- 
wood,  Porter  of  Henry,  Seay,  Shepard,  Taylor,  Thompson  of 
Davidson,  Turner,  Warner,  Williamson  and  Wright — 41. 

The  motion  to  reconsider  was  then  adopted. 

On  motion  of  Mr.  HEISKELL,  the  consideration  of  the  fourteenth 
Section  of  the  Bill  of  Rights  was  postponed  until  to-morrow,  and 
made  the  special  order,  to  be  taken  up  immediately  after  the  call  of 
the  roll  for  memorials  and  petitions. 

Mr.  JONES,  of  Giles,  moved  to  reconsider  the  vote  adopting  the 
ninth  Section  of  the  Bill  of  Rights. 


110 

On  motion  of  Mr.  STEPHENS,  the  motion  to  reconsider  was  laid 
on  the  table. 

Mr.  PORTER,  of  Henry,  moved  to  adjourn  until  to-morrow  morn- 
ing at  10  o'clock. 

Mr.  BAXTER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  adjourn  failed. 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Bate,  Brooks,  Brown  of  Henry,  etc., 
Burton,  Campbell,  Deavenport,  Doherty,  Droomgoole,  Fentress, 
Gardner,  Gordon,  House  of  Davidson,  Robertson  and  Montgomery, 
Jones  of  Giles,  Morris,  Porter  of  Haywood,  Porter  of  Henry, 
Seay,  Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of  Davidson, 
Williamson  and  Wright— 26, 

Those  voting  in  the  negative  are : 

Messrs.  Baxter,  Blackburn,  Blizard,  Branson,  Brandon,  Britton, 
Brown  of  Davidson,  Burkett,  Byrne,  Carter,  Ch owning,  Coffin, 
Cummings,  Cypert,  Deaderick,  Dibbrell,  Fielder,  Finley,  Fulker- 
son,  Garner,  Gaut,  Gibbs,  Gibson,  Heiskell,  Henderson,  Hill  of 
Warren,  Hill  of  Gibson,  House  of  Williamson,  Ivie,  Jones  of  Lin- 
coln, Kennedy,  Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal,  Mc- 
Nabb,  Martin,  Meeks,  Netherland,  Nicholson,  Parker,  Sample, 
Thompson  of  Maury,  Turner  and  Warner — 46. 


REPORT  ON  EXECUTIVE  DEPARTMENT  CONSIDERED. 

On  motion  of  Mr.  BROWN,  of  Davidson,  the  Convention  pro- 
ceeded, to  the  consideration  of  the  report  of  the  Committee  on  the 
Executive  Department. 

The  report  of  the  Committee  was  read,  when,  on  motion  of  Mr. 
HOUSE,  of  Davidson,  Robertson  and  Montgomery,  the  Convention 
proceeded  to  the  consideration  of  the  third  Article  of  the  Constitu- 
tion of  the  State,  section  by  section. 

Sections  1,  2  and  3  were  adopted  without  amendment. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  offered 
the  following,  in  lieu  of  the  fourth  Section  : 

The  Governor  shall  hold  his  office  for  the  term- of  four  years,  and 
until  his  successor  shall  be  elected  and  qualified,  and  shall  not  be 
eligible  for  more  than  four  years  in  a.  period  of  eight  years. 


Ill 

Mr.  JONES,  of  Giles,  demanded  the  yeas  and  nays,  which  were 
ordered,  and  the  amendment  was  adopted, 

Yeus 40 

Xays 30 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Branson,  Brandon,  Britton,  Brooks, 
Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burton,  Byrne,  Camp- 
hell,  Carter,  Cummings,  Deaderick,  Doherty,  Dromgoole,  Fentress, 
Fulkerson,  Gibson,  Heiskell,  House  of  Williamson,  House  -of 
Davidson,  Robertson  and  Montgomery,  Jones  of  Giles,  Kennedy, 
Key,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Morris,  Nicholson,  Par- 
ker, Porter  of  Haywood,  Porter  of  Henry,  Shelton,  Thompson  of 
Davidson,  Turner,  Williamson  and  Wright — 40. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Blackburn,  Blizard,  Burkett,  Chowning,  Cypert, 
Deavenport,  Dibbrell,  Fielder,  Finley,  Gardner,  Garner,  Gaut, 
Gibbs,  Gordon,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie, 
Jones  of  Lincoln,  McDougal,  Martin,  Meeks,  Netherland,  Sample, 
Shepard,  Stephens,.  Taylor,  Thompson  of  Maury  and  Warner — 30. 

Miv  HOUSE  submitted  the  following,  as  an  independent  section  to 
said  Article : 

Every  bill  which  may  pass  both  Houses  of  the  General  Assembly 
shall,  before  it  becomes  a  law,  be  presented  to  the  Governor  for  his 
signature.  If  he  approve,  he  shall  sign  it,  and  the  same  shall  be- 
come a  law ;  but  if  he  refuse  to  sign  it,  he  shall  return  it,  with  his 
objections  thereto  in  writing,  to  the  House  in  which  it  originated  ; 
and  said  House  shall  cause  said  objections  to  be  entered  at  large 
upon  their  Journal,  and  proceed  to  reconsider  the  bill.  If,  after 
such  reconsideration,  a  majority  of  all  the  members  elected  to  that 
House  shall  agree  to  pass  the  bill,  notwithstanding  the  objections 
of  the  Executive,  it  shall  be  sent,  with  said  objections,  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered.  If  approved  by 
a  majority  of  the  whole  number  elected  to  that  House,  it  shall  be- 
come a  law  :  the  votes  of  both  Houses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  all  the  members  voting  for  or  against  the 
bill,  shall  be  entered  upon  the  Journals  of  their  respective  Houses. 

If  the  Governor  shall  fail  to  return  any  bill,  with  his  objections, 
within  five  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  become  a  law  without  his  signature, 
unless  the  General  Assembly,  by  their  adjournment,  prevent  its  re- 
turn, in  which  case  it  shall  not  become  a  law. 

Kveiy  joint  resolution,  or  order,  (except  on  questions  of  adjourn- 
ment) shall  likewise  be  presented  to  the  Governor  for  his  signature, 
and  before  it  shall  take  effect,  shall  receive  his  signature;  and  on 


112 

being  disapproved  by  him,  shall,  in  like  manner,  be  returned  with 
his  objections ;  and  the  same,  before  it  shall  take  effect,  shall  be  re- 
passed  by  a  majority  of  all  the  members  elected  to  both  Houses  in 
the  manner  and  according  to  the  rules  prescribed  in  case  of  a 
bill. 

It  was  ordered  by  the  Convention  that  said  amendment  be  laid 
on  the  table  and  one  hundred  copies  printed,  and  that  the  consider- 
ation of  said  section  be  postponed  temporarily. 

Sections  5  and  6  were  adopted  without  amendment  and  without 
a  division. 

To  Section  7  Mr.  WILLIAMSON  offered  the  following  amend- 
ment : 

"  He  shall  receive,  as  compensation  for  his  services,  at  least  five 
thousand  dollars  per  annum,  but  his  salary  shall  not  be  increased 
during  the  period  for  which  he  shall  have  been  elected." 

During  the  pendency  of  said  amendment,  on  motion,  the  Conven- 
tion adjourned  until  to-morrow  morning  at  10  o'clock. 


FRIDAY  MORNING,  JANUARY  21,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  SAMPLE,  a  member  of  this  body. 
The  Journal  of  yesterday  was  read,  corrected  and  approved. 
The  roll  was  called  for  memorials  and  petitions. 

TO   AMEND   THE    RULES. 

Mr  JONES,  of  Lincoln,  proposed  to  amend  the  rules  of  the  Con- 
vention as  follows : 

Insert  after  the  word  "order,"  in  the  second  line  of  the  last  rule 
on  page  5,  the  words  "  within  two  days  thereafter." 


113 

On  motion  of  Mr,  JONES,  the  rules  were  suspended  and  the 
amendment  adopted. 

Mr.  JOXK.S,  of  Lincoln,  moved  to  reconsider  the  vote  adopting 
the  amendment,  and  further  moved  that  the  motion  to  reconsider  be 
laid  on  the  table,  which  latter  motion  prevailed. 

PAY   OF    MEMBERS, 

Mr.  JONES,  of  Lincoln,  submitted  the  following  resolution,  which 
was  adopted  by  the  Convention  : 

Resolved,  That  the  Treasurer  of  the  State  of  Tennessee  is  hereby 
authorized  and  required  to  pay  the  members  of  this  Convention 
their  per  diem  and  mileage,  and  the  officers  of  this  Convention  their 
per  diem  the  same  as  members  and  officers  of  the  Legislature,  due 
up  to  the  time  of  calling  for  the  same, 

AMENDMENTS  PROPOSED. 

Mr,  WEIGHT  submitted  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Miscellaneous  Provisions : 

Resolved,  That  it  be  engrafted  in  the  Constitution  of  Tennessee 
that  any  officer  or  officers  having  in  charge  public  moneys  for  the 
benefit  of  the  Common  Schools,  shall,  for  any  violation  of  public 
trust  be  dismissed  from  office,  and  become  ineligible  to  any  office  of 
trust  or  honor  in  the  State,  and  shall  be  subject  to  severe  penalties, 
pecuniary  and  corporeal. 

BILL  OF   RIGHTS   FURTHER  CONSIDERED. 

On  motion  of  Mr.  KEY,  the  vote  by  which  Mr.  Campbell's 
amendment  to  Section  25  of  the  Bill  of  Rights  was  adopted,  was 
reconsidered. 

On  motion  of  Mr.  BAXTER,  the  amendment  was  altered  so  as  to 
read,  "under  the  martial  or  military  law;"  and  thus  amended,  was 
adopted  by  the  Convention. 

The  Convention  proceeded  to  the  consideration  of  special  order — 
the  14th  Section  of  the  Bill  of  Rights. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  offered 
the  following  in  lieu  of  the  14th  Section  of  the  Bill  of  Rights,  as 
reported  by  the  Committee  : 

Strike  out  Section  14  of  the  Bill  of  Rights,  and  insert,  "No  per- 
son shall  be  held  to  answer  any  criminal  charge,  except  by  present- 
8 


114 

merit,  indictment  or  impeachment ;  but  the  Legislature,  in  cases  of 
petit  larceny,  assault,  assault  and  battery,  affray  and  vagrancy,  may 
dispense  with  an  inquest  of  a  Grand  Jury,  an  indictment  or  pre- 
sentment, and  may  authorize  prosecutions  for  said  offenses,  before 
such  inferior  Court  or  Courts  as  may  be  established  by  law  ;  and  the 
proceedings  in  such  cases  shall  be  regulated  by  law  j  and  all  de- 
fendants so  arraigned,  shall  have  the  right  of  trial  by  jury,  unless 
the  same  shall  be  expressly  waived  in  such  manner  as  may  be  pre- 
scribed by  the  Legislature." 

Mr.  WARNER  offered  the  following  in  lieu  of  Mr.  House's : 
Amend  the  14th  Section   by  adding  after  impeachment,  "  Except 

in  cases   of  misdemeanors  meriting  impeachment,  which   may  be 

fixed  by  the  Legislature." 

Mr.  BROWN,  of  Davidson,  offered  the  following  amendment  to 
Mr.  House's  amendment: 

"  Provided,  That  in  all  cases  of  trial  of  the  offenses  above  speci- 
fied, the  prosecution  shall  be  required  to  prefer  an  information  on 
oath,  describing  the 'matter  of  the  offense,  with  reasonable  certainty,, 
and  the  place  and  time  of  its  commission." 

Which  was  accepted  by  Mr.  HOUSE. 

Mr.  JONES,  of  Lincoln,  moved  to  lay  the  pending  amendments 
on  the  table. 

Mr.  BAXTER  demanded  the  yeas  and  nays,  which  were,  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 37. 

Nays 35. 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Bate,  Baxter,  Blackburn,  Blizard,  Branson, 
Brandon,  Britton,  Burkett,  Carter,  Deaderick,  Fentress,  Fielder, 
Finley,  Garner,  Gaut,  Gibbs,  Gibson,  Henderson,  Hill  of  Warren, 
Hill  of  Gibson,  I  vie,  Jones  of  Lincoln,  Kirkpatrick,  Mabry,  Mc- 
Dougal,  McNabb,  Martin,  Morris,  Meeks,  Netherland,  Parker, 
Sample,  Shepard,  Shelton,  Stephens,  and  Thompson  of  Maury — 37. 

Those  voting  in  the  negative  are : 

Messrs.  Brooks,  Brown  of  Davidson,  Brown  of  Henry,  Carroll, 
Gibson  and  Madison,  Burton,  Byrne,  Campbell,  Chowning,  Coffin, 
Cummings,  Cypert,  Deavenport,  Dibbrell,  Doherty,  Dromgoole, 
Fulkerson,  Gardner,  Gordon,  Heiskell,  House  of  Williamson, 
House  of  Davidson,  Robertson  and  Montgomery,  Jones  of  Giles, 
Kennedy,  Key,  Kyle,  Nicholson,  Porter  of  Hay  wood,  Porter  of 
Henry,  Seay,  Staley,  Taylor,  Thompson  of  Davidson,  Turner,  War- 
ner, Williamson,  and  Wright — 35. 


115 

Section  14  of  the  Bill  of  Rights  was  then  adopted  as  reported  by 
the  Committee. 

REPORT   OX    ELECTIONS. 

Mr.  NICHOLSON,  from  the  Committee  on  Elections  and  the  Rights 
of  Suffrage,  submitted  the  following 

REPORT : 

The  Committee  on  Elections  and  Rights  of  Suffrage,  have  had 
under  consideration  various  propositions,  suggesting  amendments  to 
the  Constitution  in  regard  to  the  times  of  holding  certain  elections 
and  the  mode  of  voting,  and  have  rejected  all  of  them,  except  one 
which  proposes  to  change  the  time  of  holding  the  elections  for  mem- 
bers of  the  General  Assembly,  and  the  time  for  the  regular  sessions 
of  that  body.  This  is  a  proposition  to  amend  Sections  7  and  8  of 
Article  II,  by  striking  out  of  Section  7  the  words  "  on ,  the  first 
Thursday  in  August,  1835,"  and  inserting  in  lieu  thereof  the  words 
"  on  the  first  Tuesday  in  November,  one  thousand  eight  hundred  and 
sicvotty,"  and  in  the  same  section,  in  lines  four  and  five,  to  strike  out 
the  words  "  on  the  first  Thursday  in  August,"  and  to  insert  in  lieu 
tnereof  the  words  "on  the  first  Tuesday  in  November,"  so  that  the 
section,  as  amended,  will  read  as  follows : 

Article  II,  Section  7.  The  first  election  for  Senators  and  Repre- 
sentatives shall  be  held  on  the  first  Tuesday  in  November,  one  thou- 
sand eight  hundred  and  seventy,  and  forever  thereafter  elections 
for  members  of  the  General  Assembly  shall  be  held  once  in  two 
years  on  the  first  Tuesday  in  November ;  said  elections  shall  termi- 
nate the  same  day. 

In  Section  8,  Article  II,  it  is  proposed  to  strike  out  the  words, 
in  lines  two  and  three,  ("  one  thousand  eight  hundred  and  thirty- 
five  ")  and  to  insert  in  lieu  thereof  the  words :  One  thousand  eight 
hundred  and  seventy-one;  and  in  line  4  of  said  Section,  to  strike 
out  the  words  ("first  Monday  in  October")  and  insert  in  lieu  there- 
of the  words,  first  Monday  in  January,  so  that  the  8th  Section, 
Article  II,  as  amended  will  read  as  follows: 

Article  II,  Section  8.  The  first  session  of  the  General  Assembly 
shall   commence  on  the    first  Monday  in  January,  one   thousand  , 
eight  hundred  and  seventy-one ;  and  forever  thereafter,  the  General , 
Assembly  shall  meet  on  the  first  Monday  in  January  next  ensuing 
the  election. 

The  Committee  recommend  the  amendment  of  Sections  7  and  8 
as  proposed,  and  their  adoption  as  Sections  7  and  8  in  Article  II,  of 
the  Constitution. 

All  of  which  is  respectfully  submitted, 

A.  O.  P.  NICHOLSON. 


116 

On  motion  of  Mr.  NICHOLSON,  it  was  ordered  that  the  report  be 
laid  on  the  table,  and  one  hundred  copies  ordered  to  be  printed. 

MARRIAGES    BETWEEN    WHITES    AND    BLACKS. 

Mr.  NICHOLSON,  from  the  same  Committee,  reported  back  the 
resolution  of  Mr.  Sample  in  relation  to  marriages  between  whites 
and  colored  persons,  and  asked  that  the  Committee  be  discharged 
from  its  further  consideration,  which  was  so  ordered,  and  the  reso- 
lution referred  to  the  Committee  on  Miscellaneous  Provisions. 

REPORT  ON  EXECUTIVE  DEPARTMENT    FURTHER    CONSIDERED. 

Mr  TURNER  moved  to  reconsider  the  vote  adopting  Mr.  HOUSE'S 
amendment  in  lieu  of  Section  4,  of  Article  III,  on  yesterday. 

Mr.  HEISKELL  moved  to  lay  the  motion  to  reconsider  on  the 
table. 

Mr.  KENNEDY  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  lay  on  the  table  failed  : 

Yeas  ......................................................................  29. 

Nays  .....................................................................  44. 

Those  voting  in  the  affirmative  are  : 

Messrs.  Bate,  Baxter,  Blackburn,  Branson,  Brandon,  Brooks, 
Brown  of  Henry.  Carroll,  Gibson  and  Madison,  Campbell,  Carter, 
Deaderick,  Doherty,  Dromgoole,  Fentress,  Fulkerson,  Gibson,  Heis- 
kell,  House  of  Williamson,  House  of  Davidson,  Robertson  and 
Montgomery,  Jones  of  Giles,  Kennedy,  Key,  Kyle,  Mabry,  Porter, 
of  Hay  wood,  Porter  of  Henry,  Shelton,  Staley,  Williamson  and 


Those  voting  in  the  negative  are: 

Messrs.  Allen.  Arledge,  Blizard,  Britton,  Brown,  of  Davidson, 
Burkett,  Burton,  Byrne,  Chowning,  Coffin,  Cummings,  Cypert, 
Deavenport,  Dibbrell,  Fielder,  Fin  ley,  Gardner,  Garner,  Gaut, 
Gibbs,  Gordon,  Henderson,  Hill  of  Warren,  Hill,  of  Gibson,  I  vie, 
Jones  of  Lincoln,  Kirkpatrick,  McDougal,  McNabb,  Martin, 
Morris,  Meeks,  Netberland,  Nicholson,  Sample,  Seay,  Shcpnrd, 
Stephens,  Taylor,  Thompson  of  Davidson,  Thompson  of  Maury, 
Turner  and  Warner  —  44. 

The  motion  to  reconsider  was  then  adopted. 

The  question  recurring  upon  the  adoption  of  Mr.  HOUSE'S  amend- 
ment : 


117 

Mr.  BURTON  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  amendment  was  rejected 

Yens 29 

-Nays 43 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Baxter,  Brandon,  Brown  of  Davidson,  Burton, 
Bvrne,  Campbell,  Deaderick,  Doherty,  Dromgoole,  Fentress,  Ful- 
kerson,  Gibson,  Heiskell,  House  of  Williamson,  House  of  David- 
son, Robertson  and  Montgomery,  Jones  of  Giles,  Kennedy,  Key, 
Kyle,  Mabry,  MeNabb,  Porter  of  Hay  wood,  Porter  of  Henry, 
Shelton,  Staley,  Thompson  of  Davidson,  Williamson  and  Wright 
—29. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Blackburn,  Blizard,  Branson,  Britton, 
Brooks,  Burkett,  Carter,  Chowning,  Coffin,  Cummings,  Cypert, 
J  )i  -a  ven port,  Dibbrell,  Fielder,  Finley,  Gardner,  Garner,  Gaut, 
Gibbs,  Gordon,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie, 
Jones  of  Lincoln,  Kirkpatrick,  McDougal,  Martin,  Morris,  Meeks, 
Xetherland,  Nicholson,  Parker,  Sample,  Seay,  Shepard,  Stephens, 
Taylor,  Thompson  of  Maury,  Turner  and  Warner — 43. 

The  4th  Section,  of  Article  III,  of  the  present  Constitution  was 
then  adopted  without  amendment. 

Mr.  MARTIN  moved  to  reconsider  the  vote  by  which  the  5th  Sec- 
tion, of  Article  III,  was  adopted,  on  yesterday,  and  submitted  the 
following  amendment,  which  was  read  for  information: 

AMENDMENT  TO  SECTION  FIFTH,    ARTICLE  III.    . 

After  the  -words  United  States  insert  as  follows : 

"  And  he  shall  not  in  any  event  call  into  service  the  militia,  for 
any  party  or  political  purpose;  and  shall  not  call  them.. into  ser- 
vice in  any  case,  except  that  of  rebellion  or  invasion,  and  in  such 
case  the  General  Assembly  shall  declare  the  public  safety  re- 
quires it." 

On  motion  of  Mr.  TURNER,  the  motion  to  reconsider  was  laid,  on 
the  table. 

The  amendment  of  Mr.  WILLIAMSON  to  Section  7,  .in  relation  to 
the  salary  to  be  paid  to  the  Governor,  was  rejected  and  the  Section 
as  it  is  in  the  present  Constitution,  was  adopted  by  the  Convention. 

Section  8  was  adopted  without  amendment. 

The  amendment  of  the  Committee  on  the  Executive  Department 
to  Section  9,  was  adopted. 


118 

Mr.  CYPERT  demanded  the  yeas  and  nays,  which  were  ordered, 
and  resulted  as  follows  : 

Yeas 57 

Nays 13 

Those  voting  in  the  affirmative  are : 

Messrs  Allen,  Arledge,  Bate,  Blackburn,  Blizard,  Branson,  Bran- 
don, Britton,  Brooks,  Brown  of  Davidson,  Burkett,  Byrne,  Camp- 
bell, Carter,  Chowning,  Cummings,  Cypert,  Deaderick,  Deavenport, 
Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Finley,  Fulker- 
son,  Gardner,  Garner,  Gaut,  Gibson,  Gordon,  Henderson,  Hill  of 
Warren,  Ivie,  Jones  of  Lincoln,  Kennedy,  Key,  Kirkpatrick, 
Kyle,  McDougal,  McNabb,  Martin,  Morris,  Meeks,  Netherland, 
Nicholson,  Parker,  Sample,  Seay,  Shepard,  Shelton,  Staley,  Taylor, 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Warner 
and  Wright — 57. 

Those  voting  in  the  negative  are : 

Messrs.  Baxter,  Burton,  Gibbs,  Heiskell,  Hill  of  Gibson,  House 
of  Williamson,  House  of  Davidson,  Robertson  and  Montgomery, 
Jones  of  Giles,  Mabry,  Porter  of  Hay  wood,  Porter  of  Henry, 
Stephens  and  Williamson — 13. 

LEAVES    OF    ABSENCE 

On  motion  of  Mr.  POUTER,  of  Henry,  Mr.  BROWN,  of  Henry, 
Carroll,  Gibson  and  Madison,  was  granted  leave  of  absence  on  ac- 
count of  sickness. 

On  motion  of  Mr.  GIBBS,  leave,  of  absence  was  grented  Mr.  CUM- 
MINGS, until  Tuesday  next. 

On  motion  of  Mr.  GORDON,  leave  of  absence  was  granted  Mr. 
ALLEN,  until  Tuesday  next. 

CONSIDERATION    OF    EXECUTIVE    DEPARTMENT   RESUMED. 

Sections  10,  11,  12,  13,  14,  15,  and  16,  as  they  exist  in  the 
present  Constitution,  were  adopted  without  amendment. 

Mr.  DIBBRELL  offered  the  following  amendment  to  Section  17. 

Section  17.  After  the  words  "shall  be"  strike  out  the  words 
" appointed  by  joint  vote  of  the  General  Assembly"  and  insert 
u  shall  be  elected  by  the  qualified  voters  of  the  State,  at  the  same  time 
and  in  the  same  manner  that  the  Governor  is  elected."  So  that  the 
section  will  read  as  follows  : 

Secion  17.  A  Secretary  of  State  shall  be  elected  by  the  qualified 
voters  of  the  State,  at  such  time  and  in  the  same  manner  that  the 
Governor  is  elected,  once  in  two  years,  and  commissioned  during 


119 

term  of  two  years.  He  shall  keep  a  fair  register  of  all  the 
acts  and  proceedings  of  the  Governor,  and  shall,  when  re- 
quired, lay  the  same,  and  all  minutes  and  vouchers  relative  thereto, 
Before  the  General  Assembly,  anl  shall  peform  such  other  duties  as 
shall  be  enjoined  by  law. 

Mr.  KYLE  moved  to  lay  the  amendment  on  the  table. 
Mr.  DIBRELL  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  prevailed. 

Yeas 41 

Nays 29 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blackburn,  Brown  of  Davidson, 
Burkett,  Campbell,  Carter,  Cummings,  Deaderick,  Dromgoole, 
Fielder,  Fulkerson,  Garner,  Gibbs,  Gibson,  Gordon,  Heiskell, 
Henderson,  Hill  of  Gibson,  House  of  Williamson,  House  of 
Davidson,  Robertson  and  Montgomery,  Ivie,  Jones  of  Giles,  Ken- 
nedy, Key,  Kyle,  Mabry,  Netherland,  Nicholson,  Parker,  Porter  of 
Haywood,  Shepard,  Shelton,  Staley,  Stephens,  Thompson  of  David- 
son, Thompson  of  Maury,  Turner  and  Williamson — 41. 

Those  voting  in  the  negative  are  : 

Messrs.  Blizard,  Branson,  Brandon,  Britton,  Brooks,  Burton, 
Byrne,  Chowning,  Cypert,  Deavenport,  Dibbrell,  Doherty,  Fentress, 
Finley,  Gaut,  Hill  of  Warren,  Jones  of  Lincoln,  Kirkpatrick, 
McDougal,  McNabb,  Martin,  Morris,  Meeks,  Porter  of  Henry, 
Sample,,  Seay,  Taylor,  Warner  and  Wright — 29. 

Mr.  PORTER,  of  Haywood,  offered  the  following  amendment : 

That  said  section  be  so  amended  as  to  read  as  follows  : 

"  The  Secretary  of  State  shall  be  appointed  by  the  Governor  and 

confirmed  by  the  Senate,   and   shall   be    commissioned   during    the 

term  of  two  years." 

Mr.  CYPERT  moved  to  lay  the  amendment  on  the  table,  and  de- 
manded the  yeas  and  nays,  which  were  ordered,  and  the  motion  to 
lay  on  the  table  prevailed. 

Yeas 43 

Nays  28 

Those  voting  in  the  affirmative  are: 

Messrs.  Allen,  Baxter,  Blackburn,  Blizard,  Britton,  Brooks, 
Brown  of  Davidson,  Burkett,  Burton,  Campbell,  Chowning,  Cum- 
mings, Cypert,  Deavenport,  Doherty,  Dromgoole,  Fentress,  Fielder, 
Finley,  Fulkerson,  Gaut,  Gibbs,  Gordon,  Henderson,  Hill  of  War- 
ren, Hill  of  Gibson,  Ivie,  Jones  of  Giles,  Mabry,  McDougal, 


120 

Martin,  Morris,   Meeks,   Xetherland,   Porter   of  Henry, 
Seay,  Shepard,  Stephens,  Taylor,  Thompson  of  Davidson, 
and' Wright— 43. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Branson,  Brandon,  Byrne,  Carter,  Coffin,  Dea' 
iek,  Dibbrell,  Gardner,  Garner,  Gibson,  HeUkell,  House  of  Will: 
son,   Hon~,e    of  Davidson,   Robertson    and  Montgomery,  Jon< 
JJneoln,  Kennedy,  Key,  Kirkpatriek,  Kyle,  McNabb,  Kicho! 
Parker,  Porter  of  Hay  wo  ton,  Staley,  Thompson  of  Maury, 

Turner,  and  William.-.' 

Mr.  PORTER,  of  Henry,  offered  the  following  amendment: 

Strike  out  the  words  "joint  vote  of  the  General  Assembly/'  and 
; t  the  word*  "  by  the  Governor  of  the  State." 

On  motion  of  Mr.  BAXTKk,the  amendment  was  laid  on  the  tabh-. 

The  section  was  then  passed  without  amendrn 

The  amend  merit  of  Mr.  ring 

on  the  Governor  a  qualific-H  veto  power,  waa  postpoii'  11  to- 

morrow. 

AI/TIEB. 

Mr,  II;  sulnnitterl  the  following  resolution  : 

/'    '.'  "/,  TliMt  a  Corn:,  appoint  EQ    it 

shall  be  referred  f  r  it  is  }>. 

take  any  action  in  reganl  to  relieving  th<- 

•hie.-  imp'i^-d. 
Witli  in-.tniftioM-,  further  to  j*roj)'-i 

and  necessary  in  n-f«  . 

On  mofion  of  Mr.   i 

.ution  jidopt.ed. 

On  motion  of  Mr.   Ifouve  of  i  and   M 

cry,  the   '  .it. ion  adj<  until  to-  mornin 


121 


SATURDAY  MORNING,  JANUARY  22,  1870. 

The    Convention    met    pursuant   to    adjournment,  Mr.    President 
in  the  Chair. 


Prayer  by  the  Key.  Mr.  Sample,  a  member  of  this  body. 
Tin-  Journal  oi  yesterday  was  read  and  approved. 

COMMITTKi:    OX     I  M  I'KA<  'II  M  KNT. 

The  PIIKSIDKNT  announced  the  following  gentlemen  as  constitut- 
ing the  Select  Committee,  under  Mr.  IleiskeH's  resolution  in  rela- 
tion to  impeachment,  and  the  ease  of  Judge  Thos.  X.  r'ra/ier,  vi/  : 
Me.-srs.  Baxter,  Heiskell,  Key,  House  of  Montgomery,  and  Poriir 
ot  Henry. 

The  roll  was  called  for  memorials  and  petitions. 

A  M  i:.\  DM  I:NTS  PROPOSED. 

Mr.  J>i:o()Ks  submitted  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  New  Counties  and  County  Lines  : 

7/f.Wm/,  That  the  Constitution  be  so  amended  that  there  may 
be  a  new  county  formed  out  of  the  Counties  of  Jackson  and  Over- 
ton.  /Yor/V/W,  That  in  the  formation  it  shall  contain  at  least  400 
qualified  voters;  and  further,  said  new  county  shall  contain  at  least 
:inn  «|iiare  miles  of  territory,  and  shall  not  reduce  either  of  the  old 
counties,  from  which  it  is  taken,  below  500  square  miles.  Provided 
j'nrf/n'i',  That  the  line  of  said  new  county  shall  not  approach  either 
oi'  the  old  county  seats  nearer  than  ten  miles.  Provided  further, 
That  a  majority  of  the  qualified  voters  contained  in  said  new  county 
vote  in  favor  of  said  new  count  v.  The  county  seat  of  the  old  conn- 
tic-,  from  which  said  new  county  is  formed,  shall  not  be  removed 
without  a  concurrence  <:f  two-thirds  vote  of  both  Uraneln-s  of  the 


Legislature. 


MEMORIALS. 


Mr.  MI:I:KS  presented  a  memorial  from  sundry  citixens  of 
McXairy  County,  praying  a  change  of  the  Constitution  in  relation 
to  the  formation  of  new  <§»»nnties,  which,  without  being  read,  was 
referred  to  the  Committee  on  Xew  Counties  and  County  Line.-. 


122 

Mr.  XETHERLAND  presented  a  memorial  from  sundry  citizens  of 
Hawkins  County,  against  the  creation  of  a  new  county  out  of  said 
county  and  others,  and  against  any  change  in  the  Constitution  in 
regard  to  the  creation  of  new  counties ,  which  was  read  and  referred 
to  the  Committee  on.  New  Counties  and  County  Lines. 

Mr.  WARNER  presented  a  memorial  from  a  large  number  of 
citizens  of  Bedford  and  Marshall  Counties  for  the  formation  of  a 
new  county,  which  was,  without  being  read,  referred  to  the  Com- 
mittee on  New  Counties  and  County  Lines. 

AMENDMENTS    PROPOSED. 

Mr.  DEAVENPORT  submitted  the  following  amendment  to  the 
Constitution : 

Resolved,  That  Article  VII,  Section  2,  be  so  amended  as  to  read : 
Sec.  2.  Should  a  vacancy  occur,  subsequent  to  an  election,  in  the 
office  of  Sheriff,  Trustee,  or  Register,  it  shall  be  filled  by  the  County 
Judge,  or  Justices  of  the  Quarterly  or  Quorum  Courts ;  if  in  that  of 
the  clerks  to  be  elected  by  the  people,  it  shall  be  filled  by  the 
Courts.  And  the  person  so  appointed  shall  continue  in  offic  e  until 
his  successor  shall  be  elected  and  qualified ;  and  such  office  shall  be 
filled  by  the  qualified  voters  at  the  first  election  for  any  of  the 
county  officers. 

Mr.  HEISKELL,  on  behalf  of  the  majority  of  the  Committee  on 
the  Judicial  Department,  made  a  report,  which  was  ordered  to  be 
laid  on  the  table  and  printed. 

Mr.  STALEY,  from  the  minority  of  said  Committee,  made  a  re- 
port, which  was  read  and  ordered  to  be  printed  with  the  report  of 
the  majority. 

Mr.  GARNER  moved  to  print  300  copies,  which  was  rejected. 

On  motion  of  Mr.  KENNEDY,  it  was  ordered  that  100  copies  be 
printed. 

Said  reports  are  as  follows  : 

MAJORITY    REPORT    OF    THE    COMMITTEE    ON   THE    JUDICIARY. 

A  majority  of  the  Judiciary  Committee,  to  whom  were  referred 
divers  propositions  for  the  amendment  of  the  existing  Constitution, 
have  had  the  same  under  consideration,  and  have  instructed  me  to 
report,  in  lieu  of  all  the  proposed  amendments,  the  following,  as  a 
substitute  for  the  fifth  and  sixth  articles  of  the  existing  Constitu- 
tion, and  for  such  portion  of  the  schedule  to  be  attached  to  the  Con- 
stitution as  relates  to  the  subjects  referred  to  them. 

J.  B.  HEISKELL,  Chairman. 


123 
ARTICLE    V. 

.  1.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeachment. 

Sec,  -.  All  impeachments  shall  be  tried  by  the  Senate;  Avlien 
sitting  for  that  purpose  the  Senators  shall  be  upon  oath  or  affirma- 
tion, (in (I  the  Chief  Justice  of  the  Supreme  Court,  or  if  he  be  on  trial 
the  Senior  Associate  Judge,  shall  preside  over  them.  No  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
Senators  sworn  to  try  the  officer  impeached. 

Sec.  3.  The  House  of  Representatives  shall  elect,  frcm  their  own 
body,  three  members,  whose  duty  it  shall  be  to  prosecute  impeach- 
ments. No  impeachment  shall  be  tried  unless  the  Legislature  shall 
have1  adjourned  sine  die,  when  the  Senate  shall  proceed  to  try  such 
impeachment. 

Sec.  4.  The  Governor,  Judges  of  the  Supreme  Court,  Judges  of 
Inferior  Courts,  Chancellors,  Attorneys  for  the  State,  and  Secretary 
of  State,  shall  be  liable  to  impeachment,  whenever  they  may,  in  the 
opinion  of  the  House  of  Representatives,  commit  any  crime  in  their 
official  capacity  which  may  require  disqualification  ;  but  judgment 
shall  only  extend  to  removal  from  office,  and  disqualification  to  fill 
any  office  thereafter.  The  party  shall,  nevertheless,  be  liable  to 
indictment,  trial,  judgment  and  punishment  according  to  law. 

Sec.  5.  Justices  of  the  Peace,  and  other  civil  officers  not  herein- 
before mentioned,  for  crimes  or  misdemeanors  in  office,  shall  be 
liable  to  indictment  in  such  courts  as  the  Legislature  may  direct ; 
and,  upon  conviction,  shall  be  removed  from  office  by  said  court,  as 
if  found  guilty  on  impeachment ;  and  shall  be  subject  to  such  other 
punishment  as  may  be  prescribed  by  law. 

ARTICLE  VI. 

Sec.  1.  The  Judicial  power  of  this  State  shall  be  vested  in  one 
Supreme  Court,  and  in  such  Circuit,  Chancery  and  other  inferior 
courts  as  the  Legislature  shall,  from  time  to  time,  ordain  and  estab- 
lish ;  in  the  Judges  thereof,  and  in  Justices  of  the  Peace. 

The  Legislature  may  also  vest  such  jurisdiction  in  Corporation 
Courts  as  may  be  deemed  necessary. 

Courts  to  be  holden  by  Justices  of  the  Peace  may  also  be  estab- 
lished. 

Sec.  2.  The  Supreme  Court  shall  consist  of  jive  Judges,  of  whom 
-not  more  than  two  xhall  reside  in  any  01  ,e  of  the  (/rand  diri^ions  of 
the  State. 

Tli."  Judges  #h<itf  designate  one  nf  their  own  number  who  shall  pre- 
side ".s-  Chief  Justice. 

The  concurrence  of  three  of  the  Judges  shall  in  every  case  be 
necessary  to  a  decision. 


124 

The  jurisdiction  of  this  court  shall  be  appellate  only,  under  such 
restrictions  and  regulations  as  may,  from  time  to  time,  be  prescribed 
by  law  ;  but  it  may  possess  such  other  jurisdiction  as  is  now  con- 
ferred by  law  on  the  present  Supreme  Court.  Said  courts  shall  be 
held  at  one  place,  and  at  one  place  only,  in  each  of  the  three  grand 
divisions  of  the  State. 

Sec.  3.  The  Governor  of  the  State  shall  nominate,  and  by  and  with 
the  advice  and  consent  of  the  Senate,  shall  appoint  the  Judges  of  the 
Supreme  Court. 

The  consent  of  the  Senate  to  such  nominations  shall  require  the  con- 
currence of  two-thirds  of  the  whole  number  required  by  law  to  com- 
pose that  body. 

Every  Judge  of  the  Supreme  Court  shall  be  thirty-five  years 
of  age,  and  shall,  before  his  appointment,  have  been  a  resident  of  the 
State  for  five  years.  His  term  of  service  shall  be  twelve  years. 

Sec.  4.  The  Judges  of  the  Circuit  and  Chancery  Courts,  and  of 
other  inferior  courts,  shall  be  elected  by  the  qualified .  voters  of  the 
district  or  circuit  to  which  they  are  to  be  assigned. 

Every  Judge  of  such  court  shall  be  thirty  years  of  age,  and 
shall,  before  his  appointment,  have  been  a  resident  of  the  State  for 
five  years.  His  term  of  service  shall  be  ten  years. 

Sec.  5.  An  Attorney  General  and  Reporter  for  the  State  shall  be 
appointed  by  the  Judges  of  the  Supreme  Court,  and  shall  hold  his 
office  for  a  term  of  twelve  years. 

An  Attorney  for  the  State  for  any  circuit  or  district,  for  which  a 
judge  having  criminal  jurisdiction  shall  be  provided  by  law,  shall  be 
elected  by  the  qualified  voters  of  such  circuit  or  district,  and  shall 
hold  his  office  for  a  term  of  six  years. 

In  nil  cases  where  the  Attorney  for  any  district  fails  or  refuses  to 
attend  and  prosecute  according  to  law,  the  court  shall  have  power 
to  appoint  an  Attorney  pro  tempore. 

Sec.  6.  Judges  and  Attorneys  for  the  State  may  be  removed  from 
office,  by  a  concurrent  vote  of  both  Houses  of  the  General  Assem- 
bly, each  House  voting  separately;  but  two-thirds  of  all  the  mem- 
bers elected  to  each  House  must  concur  in  such  vote;  the  vote  shall 
be  determined  by  ayes  and  noes,  and  the  names  of  the  members 
voting  for  or  against  the  Judge  or  Attorney  for  the  State,  together 
with  the  cause  or  causes  of  removal,  shall  be  entered  on  the  Jour- 
nals of  each  House  respectively.  The  Judge  or  Attorney  for  the 
State,  against  whom  the  Legislature  may  be  about  to  proceed,  shall 
receive  notice  thereof,  accompanied  with  a  copy  of  the  causes  alleg- 
ed for  his  removal,  at  least  ten  days  before  the  day  on  which  either 
House  of  the  General  Assembly  shall  act  thereupon. 

Sec.  7.  The  Judges  of  the  Supreme  or  Inferior  Courts  shall,  at 
stated  times,  receive  a  compensation  for  their  services,  to  be  ascer- 
tained by  law,  which  shall  not  be  increased  or  diminished  during 
the  time  for  which  they  are  elected.  They  shall  not  be  allowed 


125 

any  fees  or  perquisites  of  office,  nor  hold  any  other  office  of  trust  or 
profit  under  the  State,  or  the  United  States. 

S-e.  S.  The  jurisdiction  of  the  Circuit,  Chancery,  and  other  in- 
ferior cimrlN  shaM  be  as  now  established  by  law,  until  chanf/cd  by  the 
Legislature,, 

Sec.  9.  Judges  shall  not  charge  juries  with  respect  to  matters  of 
fact,  but  may  state  the  testimony  and  declare  the  law. 

Sec.  10.  The  Judges  or  Justices  of  the  Inferior  Courts  of  Law 
shall  have  power,  in  all  civil  cases,  to  issue  writs  of  certiorari  to  re- 
move any  cause,  or  the  transcript  of  the  record  thereof,  from  any 
inferior  jurisdiction  into  such  court,  on  sufficient  cause,  supported  by 
oath  or  affirmation. 

Sec.  11.  No  Judge  of  the  Supreme  or  Inferior  Courts  shall  pre- 
side on  the  trial  of  any  cause  in  the  event  of  which  he  may  be  in- 
terested, or  where  either  of  the  parties  shall  be  connected  with  him 
by  affinity  or  consanguinity,  within  such  degrees  as  may  be  pres- 
cribed by  law,  or  in  which  he  may  have  been  of  counsel,  or  in 
which  he  may  have  presided  in  any  inferior  court,  except  by  con- 
sent of  all  the  parties.  In  case  all  or  any  of  the  Judges  of  the  Su- 
preme Court  shall  thus  be  disqualified  from  presiding  on  the  trial 
of  any  cause  or  causes,  the  Court,  or  the  Judge  thereof,  shall  certify 
the  same  to  the  Governor  of  the  State,  and  he  shall  forthwith 
specially  commission  the  requisite  number  of  men,  of  law  knowl- 
edge, for  the  trial  and  determination  thereof. 

The  Legislature  may,  by  general  Ar?r#,  make  provision  that  Special 
Judge*  met y  be  appointed  to  hold  any  courts  the  Judge  of  which  shall 
be  unable  or  fail  to  attend  or  sit;  or  to  hear  any  cause  in  which  the 
Judge  may  be  incompetent. 

Sec.  12.  All  writs  and  other  process  shall  run  in  the  name  of  the 
State  of  Tennessee  ;  and  bear  test  and  be  signed  by  the  respective 
clerks.  Indictments  shall  conclude,  "  against  the  peace  and  dignity 
of  the  State." 

Sec.  13.  Judges  of  the  Supreme  Court  shall  appoint  their  clerks, 
who  shall  hold  office  for  six  years.  Chancellors  (if  Courts  of  Chan- 
cery shall  be  established,)  shall  appoint  their  Clerks  and  Masters, 
who  shall  hold  their  offices  for  a  period  of  six  years.  Clerks  of 
such  inferior  courts  as  may  be  hereafter  established,  which  shall  be 
required  to  be  holden  in  the  respective  counties  of  this  State,  shall 
be  elected  by  the  qualified  voters  thereof  for  the  term  of  four  years ; 
they  shall  be  removed  from  office  for  malfeasance,  incompetency,  or 
neglect  of  duty,  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  14.  No  fine  shall  be  laid  on  any  citizen  of  this  State  that 
shall  exceed  fifty  dollars,  unless  it  shall  be  assessed  by  a  jury  of  his 
peers,  who  shall  assess  the  fine  at  the  time  they  find  the  fact,  if  they 
think  the  fine  should  be  more  than  fifty  dollars. 

Sec.  15.  The  different  counties  of  this  State  shall  be  laid  off,  as 
the  General  Assembly  may  direct,  into  districts  of  convenient  size, 


126 

so  that  the  whole  number  in  each  county  shall  not  be  more  than 
twenty-five,  or  four  for  every  one  hundred  square  miles.  There 
shall  be  two  Justices  of  the  Peace  and  one  Constable  elected  in  each 
District,  by  the  qualified  voters  therein,  except  districts  including 
county  towns,  which  shall  elect  three  Justices  and  two  Constables. 
The  jurisdiction  of  said  officers  shall  be  co-extensive  with  the 
county.  Justices  of  the  Peace  shall  be  elected  for  the  term  of  six, 
and  Constables  for  the  term  of  two  years.  Upon  the  removal  of 
either  of  said  officers  from  the  district  in  which  he  was  elected,  his 
office  shall  become  vacant  from  the  time  of  such  removal.  Justices 
of  the  Peace  shall  be  commissioned  by  the  Governor.  The  Legis- 
lature shall  have  power  to  provide  for  the  appointment  of  an  ad- 
ditional number  of  Justices  of  the  Peace  in  incorporated  towns. 

SCHEDULE. 

Section  1.  That  no  inconvenience  may  arise  from  a  change  of  the 
Constitution,  it  is  declared  that  all  civil  officers,  except  Attorneys- 
General  of  the  State  and  the  Judges  for  the  several  Courts,  shall 
hold  their  offices  until  the  expiration  of  their  present  term  of  service. 

So  much  of  this  Constitution  as  provides  for  the  appointment  of 
the  permanent  Judges  of  the  Supreme  Court,  shall  not  go  into 
operation  until  the  first  day  of  November,  1871. 

Immediately  after  the  ratification  of  this  Constitution,  the  Gov- 
ernor shall  nominate,  and  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  four  additional  Judges,  who,  together  with 
the  Judges  of  the  present  Supreme  Court,  shall  constitute  the  Su- 
preme Court  until  the  first  of  November,  1871,  and  until  the  ap- 
pointment and  qualification  of  the  Supreme  Court  provided  for 
in  this  Constitution. 

The  compensation  of  each  of  said  four  additional  Judges  shall  be 
five  thousand  dollars  annually. 

Said  Judges  may  sit  in  two  sections,  and  hear  and  determine 
causes  at  the  same  time;  but  they  shall  not  sit  in  different  grand 
divisions  at  the  same  time. 

An  Attorney-General  for  the  State  shall  be  appointed  after  the 
appointment  and  qualification  of  the  four  Judges  of  the  Supreme 
Court,  herein  provided  for. 

The  present  Judges  of  the  Circuit,  Chancery  and  other  inferior 
Courts,  shall  hold  their  offices  until  their  successors  are  elected,  un- 
der this  schedule. 

The  election  for  Judges  of  said  inferior  Courts  shall  be  held  on 
the day  of ,  1870,  by  the  Sheriffs  of  the  several  coun- 
ties, in  the  manner  prescribed  by  the  Code. 

MINORITY  REPORT  OF  THE  COMMITTEE  ON  THE  JUDICIARY. 

The  undersigned,  a  minority  of  the  Committee  on  the  Judiciary, 


127 

not  being  able  to  concur  in  the  conclusion  arrived  at  by  a  majority, 
br^s  leave  to  submit  the  following  : 

Being  the  youngest  member  of  the  Committee,  of  experience  less 
enlarged,  and  of  knowledge  less  accurate  and  extensive  than  those 
with  whom  he  has  had  the  honor  to  be  associated,  he  presents  this 
report  with  great  deference,  and  urges,  as  his  excuse  for  so  doing, 
his  utter  inability  to  reconcile  with  his  sense  of  duty  the  action  of 
the  majority.  He  would  have  great  distrust  of  his  own  judgment 
if  he  stood  alone  in  his  views,  but  as  he  knows  himself  to  be  sup- 
ported by  the  ablest  writers,  and  by  the  most  eminent  Judges  who 
have  adorned  the  jurisprudence  both  of  our  own  and  other  coun- 
tries, and  as  he  feels  assured  that  the  majority  of  the  Committee  en- 
tertain views  not  dissimilar  to  his  own  on  the  main  question  which 
has  received  their  consideration,  he  has  entire  confidence  in  the 
opinions  which  have  actuated  him  to  submit  this  report. 

Ever  since  the  undersigned  was  led  to  reflect  upon  the  subject  at 
all,  he  has  never  had  a  doubt  as  to  the  proper  method  of  choosing 
Judges.  •  It  seems  to  him  to  be  so  plain  that  the  method  of  their 
appointment  and  the  tenure  of  their  office  should  be  such  as  to  se- 
cure their  independence  and  impartiality,  and  that  these  cannot  be 
secured  by  popular  election,  that  he  is  at  a  loss  to  understand  how 
any  diversity  of  opinion  could  have  arisen  upon  the  subject.  Every 
good  citizen  recognizes  the  importance,  nay,  the  necessity,  of  an  up- 
right, an  impartial,  an  independent  Judiciary.  This  can  never  be 
secured,  as  the  undersigned  firmly  believes  and  confidently  asserts, 
by  popular  elections.  If  our  Judges  are  to  be  constantly  looking 
forward  to  re-election,  as  they  will  be,  and  shaping  their  conduct 
accordingly — if  they  are  to  engage  in  strife  and  demoralizing  con- 
tests for  office — if  they  are  to  witness  the  zealous  efforts  of  friends 
to  retain  them  in  place,  and  the  determined  endeavors  of  those  who 
are  not  friends,  to  pull  them  down — they  cannot,  they  will  not,  as 
long  as  human  nature  is  what  it  now  is — be  independent  and  im- 
partial. 

It  is  in  vain  to  say  that  if  the  election  of  Judges  be  taken  from 
the  people,  an  unwillingness  to  trust  them  will  be  shown.  The  un- 
dersigned has  quite  as  much  confidence  in  the  people  as  those  who 
urge  this  objection.  He  believes  in  the  honesty  of  the  people,  and 
that  their  disposition  is  tD  do  right.  He  cannot  disguise  from  him- 
self, however,  the  fact  that  they  are  frequently  misled;  but  is  happy 
to  know  that  the  "  sober  second  thought "  always  brings  them  back 
to  the  true  path.  Whilst  the  undersigned  entertains  no  distrust  of 
the  people,  he  has  a  very  great  distrust  of  those  who  habitually 
seek  office  before  them.  The  people  themselves  have  no  great  con- 
fidence in  this  class ;  and  if  we  establish  a  system  by  which  our 
Judges  will  be  compelled  to  enter  the  arena  and  become  office-seek- 
ers, this  lack  of  confidence  will  soon  attach  to  them,  who,  above  all 
other  men,  should  be  without  reproach.  If  they  are  to  engage  in 


128 

indecent  scuffles  for  place,  they  cannot  escape  infection,  and  will  not 
be  long  in  learning  the  arts  of  the  political  trickster,  and  in  resort- 
ing to  his  practices.  It  may  be  safely  assumed  that  their  conduct 
will  be  shaped  with  a  view  to  their  continuance  in  office. 

The  undersigned  does  not  forget  that  for  some  years  past  the 
Judges  in  our  State  have  been  elected  by  the  people;  but  this  will 
hardly  be  appealed  to  by  the  advocates  of  an  elective  Judiciary. 
The  recollection  is  n  )t  encouraging.  The  system  has  not  given 
satisfaction,  and  its  operation  should  be  a  sufficient  warning  without 
reference  to  the  experience  of  other  States  in  which  the  same  sys- 
tem has  been  adopted,  and  to  which  the  attention  of  the  advocates 
of  this  doctrine  might  be  directed  with  profit. 

There  is  nothing  in  the  objection  that  the  non-election  of  Judges 
by  the  people  is  inconsistent  with  the  principles  of  a  free  govern- 
ment. The  undersigned  believes  it  not  only  to  be  in  accordance 
with  such  principles,  but  necessary  to  their  maintenance.  History, 
were  it  necessary  to  appeal  to  it,  would  abundantly  fortify  this  con- 
clusion. In  England,  the  freest  and  the  most  enlightened  country 
on  the  globe  except  our  own,  the  Judges  have  always  been  ap"- 
pointed  by  the  Crown.  She  can  point  to  a  long  list  of  names  of  il- 
lustrious men  in  the  history  of  her  Judiciary  who  were  an  honor  to 
their  country  and  to  humanity.  Her  people  are,  to-day,  indebted, 
in  a  great  measure,  to  the  unswerving  impartiality  and  sturdy  in- 
dependence of  her  Judges  for  the  fixed  and  stable  character  of  her 
institutions.  Under  this  system  she  has  grown  solid  as  a  mountain 
rock  ;  he**  power  and  her  wealth  have  become  almost  boundless;  her 
limits  have  been  extended,  until  she  boasts  that  the  sun  never  sets 
on  her  territory,  and  that  her  morning  reveille  is  heard  all  round 
the  globe. 

In  our  own  country,  the  wisest  body  of  men  that  ever  assembled, 
provided,  in  Convention,  in  1787,  that  Judges  should  not  be  elected 
by  the  people.  That  act  of  theirs  was  ratified  by  the  States  of  the 
Confederation,  and  has  been  in  operation,  under  our  federal  system, 
for  more  than  three-quarters  of  a  century.  It  has,  during  all  that 
time,  worked  well.  Independent,  enlightened  and  upright  Judges, 
have  presided  in  our  Federal  Courts.  Every  American  refers  with 
pride  to  such  men  as  Marshall  and  Story,  whose  names  shine  among 
the  brightest  stars  in  the  galaxy  of  jurisprudence.  Has  anyone 
ever  seriously  entertained  a  thought  of  changing  this  system  to  an 
elective  Judiciary  ?  The  undersigned  has  never  so  much  as  heard 
of  a  proposition  of  the  kind  on  the  part  of  any  party  or  person,  and 
he  believes  that  any  attempt  of  the  kind  would  be  regarded  by  the 
people  as  an  insane  project. 

The  majority  of  the  Committee  have  reported  that  Judges  of  the 
Supreme  Court  should  be  nominated,  and  by  and  with  the  advice 
and  consent  of  the  Senate,  appointed  by  the  Governor.  If  it  be 
right  and  rlroper  so  to  appoint  Supreme  Judges,  a  fortiori,  the 


129 

Judges  of  the  inferior  Courts  should  be  likewise  appointed.  Su- 
preme Judges  are,  in  a  great  degree,  removed  from  the  influences 
of  the  prejudices  and  passions  of  the  day,  whilst  the  Judges  of  in- 
ferior Courts  are  daily  brought  in  contact  with  them  and  with  the 
multitude  swayed  by  them.  How  important,  then,  to  remove  as  far 
as  possible  from  these  officials  all  temptation  to  yield.  It  is  idle  to 
dream  of  human  perfection.  Judges  have  the  same  imperfections, 
are  liable  to  the  same  errors,  and  are  moved  by  the  same  excite- 
ments with  ourselves.  When  we  invest  a  man  with  the  robes  of 
judicial  office,  we  do  not,  at  the  same  time,  invest  him  with  any  ad- 
ditional virtue — he  is  not  so  panoplied  as  to  ward  off  all  extraneous 
influences — nor  doth  his  dignity  so  hedge  him  in  as  to  repel  all  im- 
proper approach.  We  must  frame  our  plans  for  man  as,  he  is,  and 
not  for  man  as  he  would  be,  were  he  free  from  vice. 

There  is  one  other  proposition  reported  by  the  majority  to  which 
the  undersigned  cannot  assent.  It  is  this  :  the  majority  propose  to 
vacate  the  offices  of  all  the  Circuit  Judges  and  Chancellors  in  the 
State  immediately  upon  the  ratification  of  the  amended  Constitu- 
tion. With  all  due  deference  for  the  opinion  of  the  Committee,  the 
undersigned  cannot  see  the  justice  of  the  measure  proposed.  In  no 
view  that  he  has  been  able  to  take  of  it  can  he  perceive  its  pro- 
priety or  its  necessity.  It  is  believed  that  the  impolicy  of  such  a 
step  will  present  itself  to  the  mind  of  every  member  of  the  Con- 
vention upon  the  slightest  reflection.  .  We  cannot  be  oblivious,  if. 
we  would,  of  the  circumstances  which  surround  us.  .  It  is  the  part 
of  wisdom,  nay,  common  prudence  dictates,  that  in  all  our  acts  we 
should  have  reference  to  the  exigencies  upon  us,  whenever  we  can., 
do  so,  as  we  can  in  this  case,  without  a  sacrifice  of  principle  or  vio- 
lation of  right. 

Dismissing  this  consideration,  there  are  other  reasons,  satisfactory 
to  the  mind  pf  the  undersigned,  why  these  offices  should  not  be  va- 
cated as  proposed.  The  Convention  may  have  the  power  to. vacate . 
them,  and  if  the  exercise  of  the  power  be  approved  by  the  people, 
it  will  be  rendered  effectual ;  but  something  more  will  be  required 
to  demonstrate  its  justice  and  expediency.  During  the  early  part 
of  the  last  year,  and  previously  thereto,  a  clamorous  demand  was . 
raised  for  the  election  of  Judges  and  Chancellors.  It  was  urged,  on, 
all  sides  that  the  Constitution  had  been,  and  was  continually  being 
violated  by  the  Executive  in  appointing  men  to  fill  these  offices. 
The  powerful  influence  of  the  press  was  brought  to  bear  in  this  di- 
rection. The  pressure  of  public,  opinion  (not  the  opinion  of  any  one 
class  or  party)  become  so  great  that  the  General  Assembly  yielded 
and  passed  a  law  to  bring  about  the  election  of  Judges,  Chancellors 
and  Attorneys-General.  The  present  incumbents  yielded  to  the 
solicitations  of  friends  and  members  of  the  Bar  to  become  candi- 
dates— they  left  their  practice,  in  many  instances  lucrative ;  they 
were  elected  for  the  term  of  eight  years,  with  the  understanding 
9 


130 

* 

and  the  undoubted  expectation  that  they  should  discharge  the 
duties,  and  enjoy  the  emoluments  and  privileges  of  their  offices  for 
the  full  period.  Yet  the  proposition  is  to  turn  them  out  before  the 
lapse  of  one-fourth  of  their  terms,  and  that  without  the  preferment 
of  any  charge.  It  occurs  to  the  undersigned  that  we  ought  not  to 
disappoint  the  reasonable  expectations  of  these  officers,  under  the 
circumstances,  unless  an  imperious  necessity  demanded  it.  The  ob- 
jection that  the  present  incumbents  were  elected  at  a  time  when  no 
fair  expression  of  the  popular  will  could  be  had  by  vote,  is  more 
specious  than  solid.  There  was  a  fair,  a  decided,  an  overwhelming 
expression  of  public  opinion  in  favor  of  the  law  to  bring  about  the 
election  at  the  time  therein  specified,  and  the  present  officials  were 
favored  and  encouraged  to  become  candidates,  by  men  of  all  parties. 
Were  we  about  to  inaugurate  a  new  system,  it  might  be  proper  to 
put  it  into  operation  as  soon  as  practicable ;  but  to  retain  the  pre- 
sent plan,  and  to  arbitrarily  eject  these  men  from  office,  and  fill 
their  places  in  the  same  manner  by  which  they  were  chosen,  would 
seem  to  many  to  be  the  dictate  of  party  spirit,  and  to  savor  of  in- 
justice. Besides,  it  would  bring  to  bear  against  our  labors  an  op- 
position too  formidable  to  be  despised  or  disregarded ;  and,  in  all 
probability,  under  the  plan  proposed  by  the  majority,  and  as  it  now 
exists,  we  would  get  no  better  men  than  we  now  have.  The  un- 
dersigned has  not  been  able  to  see  how  the  difficulties  of  the  situa- 
tion can  be  better  met  than  to  change  the  method  of  choosing 
Judges,  but  to  permit  those  now  in  office  to  continue  until  the  ex- 
piration of  the  time  for  which  they  were  elected.  Whilst  the  new 
system  would  be  delayed,  we  would  at  once  reap  some  of  its  ad- 
vantages, and  rid  ourselves  of  a  great  evil  incident  to  the  existing 
system,  for  the  present  Judges,  knowing  that  they  could  not  again 
be  elected  by  the  people,  would  be  uninfluenced  by  any  such  con- 
sideration. No  necessity  for  precipitate  action  can  be  perceived. 
We  are  not  sitting  here  as  a  legislative  assembly,  whose  acts  may, 
in  a  few  months,  be  repealed  and  set  aside.  We  hope  and  expect 
our  work  to  last  for  generations  ;  and  if,  by  a  little  delay,  we  can 
get  a  good  system,  we  can  well  afford  to  wait. 

The  same  reasons  which  have  led  to  these  conclusions  apply  with 
equal  force  to  Attorneys-General. 

Other  amendments  have  been  reported  by  a  majority  of  the  Com- 
mittee about  which  there  is  no  material  disagreement.  Although 
not  in  all  respects  such  as  could  be  desired,  they  are  matters  about 
which  an  opinion  may  be  yielded  in  deference  to  the  opinions  of 
others  or  in  a  spirit  of  compromise.  The  undersigned  offers,  there- 
fore, the  following  amendments,  viz. : 

ARTICLE    VI. 

Section  1..  The  judicial  power  of  this  State  shall  be  vested  in 
one  Supreme  Court;  in  the  Circuit  and  Chancery  Courts,  and  in 


131 

such  inferior  Courts  as  the  Legislature  shall,  from  time  to  time,,  or- 
dain and  establish;  and  in  the  Judges  thereof  and  in  Justices  of 
the  Peace.  The  Legislature  may  also  vest  such  jurisdiction  as  may 
be  deemed  necessary  in  corporation  Courts. 

Sec.  2.  The  Supreme  Court  shall  be  composed  of  three  Judges, 
one  of  whom  shall  reside  in  each  of  the  grand  divisions  of  the 
State ;  the  concurrence  of  two  of  said  Judges  shall,  in  every  case, 
be  necessary  to  a  decision.  The  jurisdiction  of  this  Court  shall  be 
appellate  only,  under  such  restrictions  and  regulations  as  may,  from 
time  to  time,  be  prescribed  by  law ;  but  it  may  possess  such  other 
jurisdiction  as  is  now  conferred  by  law  on  the  present  Supreme 
Court.  Said  Courts  shall  be  held  at  one  place,  and  at  one  place 
only,  in  each  of  the  three  grand  divisions  of  the  State. 

Sec.  3.  The  Judges  of  the  Supreme  Court,  and  the  Judges  of  the 
Circuit  and  Chancery  Courts,  and  of  such  inferior  Courts  as  the 
Legislature  may  establish,  shall  be  nominated,  and  by  and  with  the 
advice  and  consent  of  the  Senate  (a  majority  of  the  Senators  con- 
curring) be  appointed  by  the  Governor.  Courts  may  be  established 
to  be  holden  by  Justices  of  the  Peace.  Judges  of  the  Supreme 
Court  shall  not  be  less  than  forty  years  of  age. 

Sec.  4.  The  Judges  of  the  Circuit  and  Chancery  Courts,  and  of 
the  inferior  courts,  shall  not  be  less  than  thirty-five  years  of  age. 

Sec.  5.  Judges  of  the  Supreme  Court  shall  hold  their  office  for 
twelve  years,  and  Judges  of  the  Circuit  and  Chancery  and  inferior 
courts  for  eight  years. 

Sec.  6.  An  Attorney-General  for  the  State  at  large,  and  an  At- 
torney-General for  the  State  in  each  judicial  circuit,  shall  be  nom- 
inated, and  by  and  with  the  advice  and  consent  of  the  Senate,. (a 
majority  of  the  Senators  concurring)  appointed  by  the  Governor. 

Sec.  7.  The  Attorney-General  for  the  State  shall  hold  his  office 
for  twelve  years,  and  each  of  the  Attorneys-General  in  the  judicial 
circuits  of  the  State  shall  hold  his  office  for  eight  years. 

SCHEDULE. 

Section  1.  That  no  inconvenience  may  arise  from  a  change  of  the 
Constitution,  it  is  declared  that  all  laws  shall  remain  in  full  force 
until  changed  by  the  General  Assembly,  which  shall  sit  under  this 
amended  Constitution,  and  all  civil  officers  shall  continue  to  hold 
their  offices  and  discharge  all  the  duties  appertaining  to  the  same 
until  the  expiration  of  the  time  for  which  they  were  elected. 

Sec.  2.  To  remedy  the  inconvenience  that  has  arisen  from  an  ac- 
cumulation of  business  in  the  Supreme  Court,  it  is  declared,  that 
immediately  upon  the  ratification  of  this  amended  Constitution,  the 
Governor  shall  nominate,  and  by  and  with  the  advice  and  consent 
of  the  Senate,  appoint  three  Judges,  one  from  each  of  the  grand 
divisions  of  the  (State,  who,  with  the  present  Supreme  Judges,  shall 


132 

for  the  time  being,  constitute  the  Supreme  Court  of  Tennessee, 
They  shall  sit  in  the  same  division  of  the  State,  but  in  different 
chambers,  or  at  different  hours,  so  as  in  effect  to  constitute  two 
courts.  One  of  these  courts  shall  hear  and  determine  all  the  equity 
causes  ;  the  other  all  the  law  causes  in  said  Court,  under  the  laws, 
rules  and  regulations  as  now  prescribed  in  said  court.  The  Judges 
herein  appointed  shall  receive  the  same  compensation  as  the  present 
Judges,  and  shall  continue  in  office  until  the  expiration  of  the  term 
for  which  the  present  Judges  were  elected  ;  forever  afterwards  the 
Supreme  Court  shall  consist  of  three  Judges,  to  be  appointed  as 
prescribed  in  Section  3,  of  Article  VI,  of  this  Constitution. 

In  all  else  the  undersigned  would  leave  the  Judiciary  system  un- 
changed. He  does  not  so  far  mistake  the  temper  of  this  Conven- 
tion as  to  flatter  himself  that  these  amendmends  will  be  made.  He 
expects  to  see  them  rejected  or  disregarded ;  but  whatever  may  be 
their  fate,  he  has  discharged  his  duty,  and  his  conscience  is  at  rest. 

Respectfully  submitted, 

W.  B,  STALEY. 

REPORT  OX  FINANCE,    INTERNAL    IMPROVEMENTS    AND    CORPORA- 
TIONS. 

Mr.  GARDNER,  from  the  Committee  on  Finance,  Internal  Im- 
provements and  Corporations,  made  the  following  report,  which  was 
read,  and 

On  motion  of  Mr.  HOUSE,  of  Williamson,  100  copies  were  order- 
ed to  be  printed  : 

MR.  PRESIDENT:- 

The  Committee  on  "Finance,  Internal  Improvements  and  Cor- 
porations/' having  had  under  consideration  the  subjects  referred  to 
them,  instruct  me  to  report  the  following  amendments,  and  recom- 
mend their  adoption  by  the  Convention : 

CORPORATIONS. 

Strike  out  the  proviso  at  the  end  of  Article  XI,  Section  7,  ano? 
insert  the  following : 

"  No  corporation  shall  be  created  by  -special  laws,  but  the  General 
Assembly  shall  provide  by  general  laws  for  the  organization  of  all 
corporations,  hereafter  created,  which  laws  may,  at  any  time,  be 
altered,  or  repealed/7 

TAXATION. 

Strike  out  the  28th  Section  of  the  2nd  Article,  and  insert  the 
following : 


133 

w  All  property,  real,  personal  or  mixed,  shall  be  taxed,  except 
such  as  may  be  held  by  the  State,  by  counties,  cities  or  towns,  and 
used  for  public  or  corporation  purposes,  and  such  as  may  be  held 
for  purposes  purely  religious,  charitable,  scientific,  literary  or  edu- 
oational ;  and  except  one  thousand  dollars'  worth  of  personal  pro- 
perty in  the  hands  of  each  tax-payer,  and  the  direct  products  of 
the  soil  in  the  hands  of  the  producer, 

"  All  property  shall  be  taxed  according  to  its  value — that  value 
to  be  ascertained  in  such  manner  as  the  Legislature  shall  direct,  so 
that  the  same  shall  be  equal  and  uniform  throughout  the  State. 
Xo  one  species  of  property,  from  which  a  tax  may  be  collected,  shall 
be  taxed  higher  than  any  other  species  of  property  of  the  same 
value, 

"  Capital  invested  in  the  buying  and  selling  of  merchandise  shall 
be  estimated  for  taxation  at  the  highest  value  of  the  stock  of  mer- 
chandise on  hand  at  any  one  period  in  the  year  preceding  its  assess- 
ment, and  merchants  shall  pay  in  addition  to  an  ad  valorem  tax 
thereupon,  a  specific  tax  which  shall  not  exceed  five  hundred  dollars 
per  annum,  to  be  graduated  as  the  Legislature  shall  direct ;  but 
peddlers  and  privileges,  may  be  taxed  in  such  manner  as  may,  from 
time  to  time,  be  prescribed  by  law. 

"  The  Legislature  shall  have  power  to  levy  a  special  tax  upon  in- 
comes derived  from  stocks  and  bonds  exempted  by  the  laws  of  the 
United  States  from  taxation. 

"  All  male  citizens  of  this  State,  over  the  age  of  twenty-one  years, 
shall  be  liable  to  a  poll  tax  of  not  less  than  one  nor  more  than  five 
dollars  per  annum,  until  such  age  as  may  be  fixed  by  law." 

INTEREST. 

Strike  out  Article  XI,  Section  6,  and  insert  the  following  : 
"  The  lega-1  rate  of  interest  in  this  State  shall  be  six  per  centum 
per  annum  ;  but  the  Legislature  shall   have  power  to  provide   by 
law  for  a  conventional  rate  of  interest." 

All  of  which  is  respectfully  submitted, 

JNO.  A.  GARDNER, 

Chairman. 

EXECUTIVE  DEPARTMENT    FURTHER    CONSIDERED. 

The  Convention  proceeded  to  the  consideration  of  the  special 
order  of  the  day. 

Mr.  HOUSE'S  amendment  giving  the  Governor  a  qualified  veto, 
\vas  taken  up,  when  Mr.  PORTER,  of  Hay  wood,  offered  the  follow- 
ing amendment  in  lieu  of  Mr.  HOUSE'S  : 

Section  — .  Every  bill  which  shall  have  passed  both  Houses  of 


134 

the  General  Assembly,  shall,  before  it  becomes  a  law,  be  presented 
to  the  Governor.  If  he  approve  the  bill  he  shall  sign  it  and  depo- 
sit it  in  the  office  of  Secretary  of  State  for  preservation,  and  notify 
the  House  where  it  originated  of  the  fact,  and  the  same  shall  be- 
come a  law.  But  if  he  disapprove  of  it,  or  any  part  or  parts  of  it, 
containing  separate  and  distinct  provisions,  he  shall  return  it  to  that 
House  in  which  it  shall  have  originated,  with  his  objections  to  the 
whole  or  to  such  part  or  parts  of  it  as  he  shall  disapprove,  which 
shall  enter  the  objections  at  large  on  their  Journal  and  proceed  to 
reconsider  it.  If  after  such  reconsideration  either  of  an  entire  bill 
or  of  a  part  or  parts  of  said  bill  objected  to,  as  the  case  may  be,  two- 
thirds  of  all  the  members  elected  to  that  House,  shall  agree  to  pass 
the  whole  bill,  it  shall  be  sent  together  with  the  objections  to  the 
other  House,  by  which  it  shall  be  reconsidered,  and  if  approved  by 
two-thirds  of  all  the  members  elected  to  that  House,  it  shall  become 
a  law,  notwithstanding  the  objections  of  the  Governor. 

If  either  of  the  two  Houses  shall  not  thus  approve  of  the  part  or 
parts  objected  to,  the  bill  containing  such  part  or  parts  shall  be  ap- 
proved by  the  Governor,  shall,  without  unnecessary  delay  alter  the 
the  vote  is  taken  on  such  reconsideration,  be  engrossed  as  a  separate 
bill,  and  returned  to  the  Governor  for  his  signature.  But  in  all 
such  cases  the  votes  of  both  Houses  shall  be  determined  by  the  yeas 
and  nays,  and  the  names  of  the  members  voting  for  and  against  the 
bill  shall  be  entered  on  the  Journals  of  each  House  respectively.  In 
case  any  bill  shall  not  be  returned  by  the  Governor  within  five 
days  (Sundays  excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law  in  like  manner  as  though  he  had  signed  it, 
and  he  may  approve,  sign,  and  file  in  the  office  of  the  Secretary  of 
State,  within  five  days  after  the  adjournment  of  the  Legislature, 
any  act  passed  within  the  last  five  days  of  the  session,  and  the  same 
shall  become  a  law ;  but  unless  signed  within  that  time  the  same 
shall  not  become  a  law. 

Mr.  PORTER  subsequently  withdrew  his  amendment. 

Mr.  THOMPSON,  of  Maury,  demanded  the  previous  question, 
which  demand  was  sustained. 

Mr.  WRIGHT  demanded  the  yeas  and  nays  on  the  passage  of  the 
amendment,  which  were  ordered,  and  the  amendment  of  Mr.  House 
was  adopted. 

Yeas 43 

Nays 25 

Those  voting  in  the  affirmative  are  : 

Messrs.  Bate,  Baxter,  Brandon,  Burkett,  Burton,  Byrne,  Camp- 
bell, Carter,  Chowning,  Coffin,  Cypert,  Deavenport,  Doherty, 
Dromgoole,  Fentress,  Gardner,  Garner,  Gibson,  Gordon,  Heiskell, 


135 

House  of  Williamson,  House  of  Davidson,  Robertson,  and  Mont- 
gomery, Jones  of  Giles,  Kennedy,  Key,  Mabry,  McDougal,  Morris, 
Meeks,  Netherland,  Nicholson,  Porter  of  Haywood,  Porter  of 
Henry,  Seay,  Shelton,  Staley,  Stephens,  Taylor,  Thompson  of 
Davidson,  Thompson  of  Maury,  Turner,  Williamson  and  Wright — 
43. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Blizard,  Branson,  Britton,  Brooks,  Brown  of 
Davidson,  Deaderick,  Dibbrell,  Fielder,  Finley,  Gaut,  GiHbs,  Hen- 
derson, Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Jones  of  Lincoln, 
Kirkpatrick,  Kyle,  McNabb,  Martin,  Parker,  Sample  and  Warner 
—25. 

Mr.  House  of  Davidson,  Robertson  and  Montgomery,  moved  co 
reconsider  the  vote  adopting  the  amendment,  and  further  moved  to 
lay  the  motion  to  reconsider  on  the  table,  which  latter  motion  pre- 
vailed. 

PRINTING   THE    JOURNAL   AND    DEBATES. 

Mr.  GARNER  called  up  the  resolution  heretofore  offered  by  him, 
from  the  Committee  on  Printing,  in  relation  to  printing  the  Journal 
and  Debates. 

Mr.  BAXTER  moved  to  amend  the  resolution  by  striking  out  the 
words  " and  debates"  and  demanded  the  yeas  and  nays,  which  were 
ordered,  and  the  amendment  adopted. 

Yeas 48 

Nays 17 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Bate,  Baxter,  Blizard,  Branson,  Brandon,  Brit- 
ton,  Brooks,  Brown  of  Davidson,  Burkett,  Burton,  Byrne,  Camp- 
bell, Carter,  Chowning,  Cypert,  Deaderick,  Deavenport,  Dibbrell, 
Doherty,  Dromgoole,  Fielder,  Finley,  Gardner,  Gaut,  Gibbs,  Gib- 
son, Gordon,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Jones  of 
Lincoln,  Kirkpatrick,  Kyle,  Mabry,  McDougal,  McNabb,  Martin, 
Morris,  Meeks,  Netherland,  Nicholson,  Parker,  Sample,  Staley, 
Stephens,  Taylor,  and  Warner — 48. 

Those  voting  in  the  negative  are : 

Messrs.  Fentress,  Garner,  Heiskell,  House  of  Williamson,  House 
of  Davidson,  Robertson  and  Montgomery,  Ivie,  Jones  of  Giles, 
Key,  Porter  of  Haywood,  Porter  of  Henry,  Seay,  Shelton,  Thomp- 
son of  Maury,  Turner,  Williamson  and  Wright — 17. 

On  motion  of  Mr.  JONES  of  Lincoln,  the  resolution  of  tlie,  Com- 
mittee on  Printing  was  laid  on  the  table. 


136 

rMEMORIAL. 

Mr.  KIRKPATRICK  presented  a  memorial  from  a  number  of  citi- 
zens of  Hawkins,  Grainger  and  other  counties,  praying  the  estab- 
lishment of  a  new  county,  which,  without  being  read,  was  referred 
to  the  Committee  on  New  Counties  and  County  Lines. 

REVISION   AND    ENROLLMENT. 

Mr.  STEPHENS  offered  the  following  resolution  : 

Resolved,  That  a  Committee  on  Revision  and  Enrollment,  to  con- 
sist of  five  members,  shall  be  appointed,  whose  duty  it  shall  be  to 
have  correctly  enrolled  upon  parchment,  in  a  fair  round  hand,  the 
Constitution  as  proposed  to  be  amended  by  this  Convention,  in  cor- 
rect language,  and  have  the  amendments  properly  inserted  in  the 
places  and  as  adopted  by  the  Convention. 

On  motion  of  Mr.  STEPHENS,  the  rules  were  suspended  and  the 
resolution  adopted. 

EXECUTIVE    DEPARTMENT    FURTHER    CONSIDERED. 

Mr.  MARTIN  offered  the  following  resolution,  as  an  independent 
section  to  Article  III  of  the  Constitution : 

The  Governor  shall  not,  in  any  event,  call  into  service  the  militia 
for  any  party  or  political  purpose,  and  shall  not  call  them  into  ser- 
vice in  any  case  except  that  of  rebellion  and  invasion,  and  in  such 
case  the  General  Assembly  shall  declare  the  public  safety  requires  it. 

On  motion  of  Mr.  FENTRESS,  it  was  ordered  that  100  copies  be 
printed  for  the  use  of  the  Convention. 

On  motion  of  Mr.  NICHOLSON,  the  Convention  adjourned  until 
Monday  morning,  at  10J  o'clock. 


MONDAY  MORNING,  JANUARY  24,  1870, 

The  Convention  met  pursuant  to  adjournment,  Mr.   President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  WESCHLER. 

The  Journal  of  Saturday  was  read  and  approved. 


137 

COMMITTEE    ON    REVISION,    ETC. 

The  PRESIDENT  announced  the  following  gentlemen  as  constitut-' 
ing  the  Committee  on  Revision  and  Enrollment.:  W.  H.  Stephens, 
H.  R.  Bate,  A.  Blizard,  A.  O.  P.  Nicholson,  John  F.  House. 

LEAVE    OF    ABSENCE. 

On  motion  of  Mr.  DOHERTY,  leave  of  absence  was  granted  Mr. 
Meoks  on  account  of  sickness. 

Leave  of  absence  was  also  granted  Mr.  THOMPSON,  of  Davidson, 
on  account  of  sickness. 

MEMORIAL. 

Mr.  KIRKPATRICK  presented  a  memorial  from  citizens  of  Wash- 
ington, Green,  Hawkins  and  Sullivan  Counties,  praying  for  a  new 
county  to  be  formed  out  of  fractions  of  said  counties,  which,  with- 
out being  read,  was  referred  to  ^the  Committee  on  New  Counties 
and  County  Lines. 

REPORT    OF    COMMITTEE    ON    LEGISLATIVE    DEPARTMENT. 

Mr.  STEPHENS,  from  the  Committee  on  the  Legislative  Depart- 
ment, made  the  following  report,  100  copies  of  which  wore,  on  mo- 
tion of  Mr.  Gardner,  ordered  printed  for  the  use  of  the  Convention. 
MR.  PRESIDENT  : 

I  am  instructed  by  the  Committee  on  the  Legislative  Department 
to  report  that  they  have  had  under  consideration  the  various  mat- 
ters referred  to  them  ;  and  not  supposing  it  necessary  to  repeat  here 
each  proposition,  or  to  discuss  its  merits,  they  have  deemed  it  suffi- 
cient to  announce  the  following  as  their  unanimous  conclusion  upon 
the  whole  matter. 

The  change  of  dates  in  some  of  the  sections  of  Article  II,  which 
they  recommend,  are  such  as  are  necessary  to  adapt  the  Constitu- 
tion to  the  new  starting  point  from  which  we  are  setting  out.  The 
more  important  amendments  which  they  propose  to  engraft  on 
Article  II,  such  as  those  regulating  the  compensation  of  members  of 
the  General  Assembly,  and  the  mode  of  enacting  laws,  and  the 
power  of  .the  Legislature  to  embark  the  State  in  debt,  and  the  power 
of  counties  and  incorporated  cities  and  towns  to  loan  their  credit, 
and  to  become  joint  stockholders  with  others,  are,  all  of  them,  the 
result  of  an  earnest  conviction  on  the  part  of  the  committee1  that 
sonic  such  changes  in  the  organic  law  arc  essential  to  the  prosperity 
of  the  State, 


138 

It  appearing  that  the  subjects  embraced  within  Section  28  of 
Article  II,  were  properly  within  the  jurisdiction  of  the  Committee 
on  Finance,  Internal  Improvements,  and  Corporations,  the  consid- 
eration of  that  section,  by  mutual  agreement,  was  referred  to  that 
committee.  The  section  recommended  by  them,  in  lieu  of  Section 
28,  is  inserted  in  its  proper  order  in  this  report. 

Taking  up  Article  II,  I  am  instructed  to  recommend  that  said 
Article  be  amended  as  follows  : 

Section  3 — To  the  end  of  this  section  add  the  words,  "  who  shall 
hold  their  offices  for  two  years  from  the  day  of  the  general  elec- 
tion." 

Section  4 — Strike  out  the  word  "  forty-one  "  in  the  third  line, 
and  insert  the  word  "seventy-one." 

Section  7 — Strike  out  the  word  "  thirty-five  "  in  the  third  line, 
and  insert  "  seventy-one." 

Sec.  8 — Strike  out  the  word  "  thirty-five  "  in  the  third  line,  and 
insert  "  seventy-one." 

Sec.  11 — Strike  out  in  the  fourth  line  the  words  "Two-thirds  of 
each  House,"  and  insert  "  Not  less  than  two-thirds  of  all  the  mem- 
bers to  which  each  House  shall  be  entitled." 

Sec.  17 — Add  to  the  end  of  this  section  the  words,  "  No  bill  shall 
pass  which  embraces  more  than  one  subject;  that  subject  to  be  ex- 
pressed in  the  title.  All  acts  which  repeal,  revive  or  amend  for- 
mer laws,  shall  recite  in  their  caption  or  otherwise  the  title  or  sub- 
stance of  the  law  repealed,  revived  or  amended." 

Sec.  18 — Strike  out  all  after  the  word  "  shall,"  near  the  end  of 
the  third  line,  and  insert  "  have  been  read  and  pased  on  three  differ- 
ent days  in  each  house,  the  assent  of  a  majority  of  all  the  members 
to  which  that  house  shall  be  entitled  under  this  Constitution  ;  and 
shall  have  been  signed  by  the  respective  Speakers,  in  open  session, 
the  fact  of  such  signing  to  be  noted  on  the  Journal ;  and  shall  have 
received  the  approval  of  the  Governor,  or  shall  have  been  other- 
wise passed  under  the  provisions  of  this  Constitution." 

Sec.  21 — Strike  out  "  two"  in  the  sixth  line,  and  insert  <f  five." 

Sec.  23 — Strike  out  the  word  "  first"  in  the  third  line. 

After  the  word  "  Assembly,"  at  the  end  of  the  third  line,  insert 
"  elected  after  the  ratification  of  the  Constitution." 

After  the  word  "  services,"  in  the  fourth  line,  strike  out  all  of 
said  section,  and  insert,  "  But  no  member  shall  be  paid  for  more 
than  seventy-five  days  of  a  regular  session,  or  for  more  than  twenty 
days  of  an  extra  or  called  or  adjourned  session,  or  for  any  day  when 
absent  from  his  seat  in  the  Legislature,  unless  physically  unable  to 
attend.  The  Senators,* when  sitting  as  a  Court  of  Impeachment, 
shall  each  receive  four  dollars  per  day  of  actual  attendance. 

Sec.  28 — Amended  as  reported  by  the  Chairman  of  the  Committee 
on  Finance,  etc. 

Sec.  29 — Add   to  the   end   as  follows :    "  But  the  credit  of  no 


139 

county,  city,  or  town  shall  be  given  or  loaned  to  or  in  aid  of  any 
person,  company,  association  or  corporation,  except  upon  an  elec- 
tion to  be  first  held  by  the  qualified  voters  of  such  county,  city,  or 
town,  and  the  assent  of  three-fourths  of  the  votes  cast  at  said  elec- 
tion. Nor  shall  any  county,  city  or  town  become  a  stockholder 
with  others  in  any  company,  association,  or  corporation,  except 
upon  a  like  election,  and  the  assent  of  a  like  majority." 

Section  31 — Strike  out  this  section  and  insert :  "  The  credit  of 
this  State  shall  not  be  hereafter  loaned  or  given  to  or  in  aid  of  any 
person,  association,  company,  corporation  or  municipality ;  nor  shall 
the  State  become  a  stockholder  with  others  in  any  association,  com- 
pany, corporation  or  municipality." 

With  these  amendments,  Article  II,  in  its  complete  form,  will 
read  as  hereinafter  written. 

Respectfully  submitted, 

WM.  H.  STEPHENS,  Chairman. 

January  24th,  1870. 

ARTICLE   II. 

DISTRIBUTION    OF     POWERS. 

Sec.  1.  The  powers  of  the  Government  shall  be  divided  into 
three  distinct  departments  :  the  Legislative,  Executive  and  Judicial. 

Sec.  2.  No  person  or  persons  belonging  to  one  of  these  depart- 
ments shall  exercise  any  of  the  powers  properly  belonging  to  either 
of  the  others,  except  in  the  cases  herein  directed  or  permitted. 

LEGISLATIVE    DEPARTMENT. 

Sec.  3.  The  legislative  authority  of  this  State  shall  be  vested  in  a 
General  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives,  both  dependent  on  the  people,  who  shall  hold  their 
ottice  for  two  years  from  the  day  of  the  general  election. 

Sec.  4.  An  enumeration  o  the  qualified  voters  and  an  apportion- 
ment of  the  Representatives  in  the  General  Assembly,  shall  be 
made  in  the  year  one  thousand  eight  hundred  and  seventy-one,  and 
within  every  subsequent  term  often  years. 

Sec.  5.  The  number  of  Representatives  shall,  at  the  several  pe- 
riods of  making  the  enumeration,  be  apportioned  among  the  sever- 
al counties  or  dislricts  according  to  the  number  of  qualified  voters 
in  each;  and  shall  not  exceed  seventy-five  until  the  population  of 
the  State  shall  be  one  million  and  a  half,  and  shall  never  thereafter 
exceed  ninety-nine.  Provided,  That  any  county  having  two-thirds 
of  the  ratio  shall  be  entitled  to  one  member. 

Sec.  6.  The  number  of  Senators  shall,  at  the  several  periods  of 
making  the  enumeration,  be  apportioned  among  the  several  coun- 


140 

ties  or  districts,  according  to  the  number  of  qualified  voters  in  each, 
and  shall  not  exceed  one-third  the  number  of  Representatives.  In 
apportioning  the  Senators  among  the  different  counties,  the  frac- 
tion that  may  be  lost  by  any  county  or  counties,  in  the  apportion- 
ment of  members  to  the  House  of  Representatives,  shall  be  made  up 
to  such  county  or  counties  in  the  Senate  as  near  as  may  be  prac- 
ticable. When  a  district  is  composed  of  two  or  more  counties,  they 
shall  be  adjoining;  and  no  county  shall  be  divided  in  forming  a 
district. 

Sec.  7.  The  first  election  for  Senators  and  Representatives  shall 
be  held  on  the  first  Thursday  in  August,  one  thousand  eight  hun- 
dred and  seventy-one  ;  and  forever  thereafter,  elections  for  members 
of  the  General  Assembly  shall  be  held  once  in  two  years,  on  the 
first  Thursday  in  August ;  and  elections  shall  terminate  the  same 
day. 

Sec.  8.  The  first  session  of  the  General  Assembly  shall  commence 
on  the  first  Monday  in  October,  one  thousand  eight  hundred  and 
seventy-one ;  and  forever  thereafter  the  General  Assembly  shall 
meet  on  the  first  Monday  in  October  next  ensuing  the  election. 

Sec.  9.  No  person  shall  be  a  Representative  unless  he  shall  be  a 
citizen  of  the  United  States  of  the  age  of  twenty-one  years,  and  shall 
have  been  a  citizen  of  this  State  for  three  years,  and  a  resident  in 
the  county  he  represents  one  year  immediately  preceding  the  elec- 
tion. 

Sec.  10.  No  person  shall  be  a  Senator  unless  he  shall  be  a  citizen 
of  the  United  States,  of  the  age  of  thirty  years,  and  shall  have  re- 
sided three  years  in  this  State,  and  one  year  in  the  county  or  dis- 
trict immediately  preceding  the  election.  No  Senator  or  Represen- 
tative shall,  during  the  time  for  which  he  was  elected,  be  eligible 
to  any  office  or  place  of  trust,  the  appointment  to  which  is  vested  in 
the  Executive  or  the  General  Assembly,  except  to  the  office  of 
trustee  of  a  literary  institution. 

Sec.  11.  The  Senate  and  House  of  Representatives,  when  assem- 
bled shall  each  choose  a  Speaker  and  its  other  officers,  be  judge  of 
the  qualifications  of  its  members,  and  sit  upon  its  own  adjourn- 
ments from  day  to  day.  Not  less  than  two-thirds  of  all  the  mem- 
bers to  which  each  House  shall  be  entitled,  shall  constitute  a 
quorum  to  do  business  ;  but  a  smaller  number  may  adjourn  from 
clay  to  day,  and  may  be  authorized  by  law  to  compel  the  attend- 
ance of  absent  members. 

Sec.  12.  Eich  House  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  concur- 
rence of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the 
same  offence;  and  shall  have  all  other  powers  necessary  for  a 
branch  of  the  Legislature  of  a  free  State. 

Sec.  13.  Senators  and  Representatives  shall  in  all  cases,  except 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest 


141 

during  the  session  of  the  General  Assembly,  and  in  going  to  and 
returning  from  the  same;  and  for  any  speech  or  debate  in  either 
House,  they  shall  not  be  questioned  in  any  other  place. 

Sec.  14.  Each  House  may  punish  by  imprisonment,  during  its 
session,  any  person,  not  a  member,  who  shall  be  guilty  of  disrespect 
to  the  House,  by  any  disorderly  or  any  contemptuous  behavior  in  its 
presence. 

Sec.  15.  When  vacancies  happen  in  either  House,  the  Governor 
for  the  time  being,  shall  issue  writs  of  election  to  fill  such  va- 
cancies. 

Sec.  16.  Neither  House  shall,  during  its  session,  adjourn  without 
the  consent  of  the  other  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  Houses  shall  be  sitting. 

Sec.  17.  Bills  may  originate  in  either  House  ;  but  may  be  amend- 
ed, altered,  or  rejected  by  the  other.  No  bill  shall  pass  which  em- 
braces more  than  one  subject;  that  subject  to  be  expressed  in  the 
title.  All  acts  which  repeal,  revive  or  amend  former  laws  shall 
recite  in  their  caption  or  otherwise  the  title  or  substance  of  the  law 
repealed,  revived  or  amended. 

Sec.  18.  Every  bill  shall  be  read  once  on  three  different  days, 
and  be  passed  each  time  in  the  House  where  it  originated,  before 
transmission  to  the  other.  No  bill  shall  become  a  law  until  it  shall 
have  been  read  and  passed,  on  three  different  days  in  each  House, 
and  shall  have  received,  on  its  final  passage  in  each  House,  the 
assent  of  a  majority  of  all  the  members  to  which  that  House  shall 
be  entitled  under  this  Constitution  ;  and  shall  have  been  signed  by 
the  respective  Speakers  in  open  session — the  fact  of  such  signing  to 
be  noted  on  the  Journal ;  and  shall  have  received  the  approval  of 
the  Governor,  or  shall  have  been  otherwise  passed  under  the  pro- 
visions of  this  Constitution. 

Sec.  19.  .After  a  bill  has  been  rejected,  no  bill  containing  the 
same  substance  shall  be  passed  into  a  law  during  the  same  session. 

Sec.  20.  The  style  of  the  laws  of  this  State  shall  be,  "  Be  it  en- 
acted by  the  General  Assembly  of  the  State  of  Tennessee" 

Sec.  21.  Each  House  shall  keep  a  Journal  of  its  proceedings,  and 
publish  it,  except  such  parts  as  the  welfare  of  the  State  may  require 
to  be  kept  secret;  the  ayes  and  noes  shall  be  taken  in  each  House 
upon  the  final  passage  of  every  bill  of  a  general  character,  and  bills 
making  appropriations  of  public  moneys  ;  and  the  ayes  and  noes  of 
the  members  on  any  question,  shall,  at  the  request  of  any  five  of 
them,  be  entered  on  the  Journal. 

Sec.  22.  The  doors  of  each  House,  and  of  Committees  of  the 
Whole,  shall  be  kept  open,  unless  when  the  business  shall  be  such 
as  ought  to  be  kept  secret. 

Sec.  23.  The  sum  of  four  dollars  per  day,  and  four  dollars  for 
every  twenty-five  miles  traveling  to  and  from  the  seat  of  govern- 
ment, shall  be  allowed  to  the  members  of  the  General  Assembly 


142 

elected  after  the  ratification  of  this  Constitution,  as  a  compensation 
for  their  services.  But  no  member  shall  be  paid  for  more  than 
seventy-five  days  of  a  regular  session,  or  for  more  than  twenty  days 
of  any  extra  or  called  or  adjourned  session ;  or  for  any  day  when 
absent  from  his  seat  in  the  Legislature  unless  physically  unable  to 
attend.  The  members,  when  sitting  as  a  court  of  impeachment, 
shall  each  receive  four  dollars  per  day  of  actual  attendance. 

Sec.  24.  No  money  shall  be  drawn  from  the  treasury,  but  in  con- 
sequence of  appropriations  made  by  law ;  and  an  accurate  state- 
ment of  the  receipts  and  expenditures  of  the  public  money  shall  be 
attached  to  and  published  with  the  laws  at  the  rise  of  each  stated 
session  of  the  General  Assembly. 

Sec.  25.  No  person  who  heretofore  hath  been,  or  may  hereafter  be, 
a  collector  or  holder  of  public  moneys,  shall  have  a  seat  in  either 
House  of  the  General  Assembly,  until  such  person  shall  have  ac- 
counted for,  and  paid  into  the  Treasury,  all  sums  for  which  he  may 
be  accountable  or  liable. 

Sec.  26.  No  Judge  of  any  Court  of  Law  or  Equity,  Secretary  of 
State,  Attorney  General,  Register,  Clerk  of  any  Court  of  Record,  or 
person  holding  any  office  under  the  authority  of  the  United  States, 
shall  have  a  seat  in  the  General  Assembly :  nor  shall  any  person  in 
this  State  hold  more  than  one  lucrative  office  at  the  same  time ; 
Provided,  that  no  appointment  in  the  militia,  or  to  the  office  of  Jus- 
tice of  the  Peace,  shall  be  considered  a  lucrative  office,  or  operative 
as  a  disqualification  to  a  seat  in  either  House  of  the  General  As- 
sembly. 

Sec.  27.  Any  member  of  either  House  of  the  General  Assembly 
shall  have  liberty  to  dissent  from  and  protest  against,  any  act  or  re- 
solve which  he  may  think  injurious  to  the  public  or  to  any  indivi- 
dual, and  to  have  the  reasons  for  his  dissent  entered  on  the  journals. 

Sec.  28.  "  All  property,  real,  personal  or  mixed,  shall  be  taxed, 
except  such  as  may  be  held  by  the  State,  by  counties,  cities  or  towns, 
and  used  for  public  or  corporation  purposes,  and  such  as  may  be 
held  for  purposes  purely  religious,  charitable,  scientific,  literary  or 
educational,  and  except  one  thousand  dollars^  worth  of  personal 
property  in  the  hands  of  each  tax-payer,  and  the  direct  product  of 
the  soil  in  the  hands  of  the  producer. 

All  property  shall  be  taxed  according  to  its  value,  that  value  to 
be  ascertained  in  such  manner  as  the  Legislature  shall  direct,  so 
that  the  same  shall  be  equal  and  uniform  throughout  the  State. 
No  one  species  of  property  from  which  a  tax  may  be  collected  shall 
be  taxed  higher  than  any  other  species  of  property  of  the  same 
value. 

Capital  invested  in  the  buying  and  selling  of  merchandise  shall 
be  estimated  at  the  highest  value  of  the  stock  of  merchandise  on 
hand  at  any  one  period  of  the  year  preceeding  its  assessment ;  and 
merchants  shall  pay,  in  addition  to  an  ad  volarem  tax  thereupon,  a 


143 

specific  tax,  which  shall  not  exceed  five  hundred  dollars  per  annum, 
to  be  graduated  as  the  Legislature  shall  direct;  but  peddlers  and 
privileges  may  be  taxed  in  such  manner  as  may  from  time  to  time  be 
prescribed  by  law. 

The  Legislature  shall  have  power  to  levy  a  special  tax  upon  in- 
comes derived  from  stocks  and  bonds,  exempted  by  the  laws  of  the 
United  States  from  taxation. 

All  male  citizens  of  this  State,  over  the  age  of  twenty-one  years, 
shall  be  liable  to  a  poll  tax  of  not  less  than  one  nor  more  than  five 
dollars  per  annum,  until  such  age  as  may  be  fixed  by  law. 

Sec.  29.  The  General  Assemly  shall  have  power  to  authorize  the 
several  counties  and  incorporated  towns  in  this  State,  to  impose 
taxes  for  county  and  corporation  purposes  respectively,  in  such  man- 
ner as  shall  be  prescribed  by  law,  and  all  property  shall  be  taxed 
according  to  its  value,  upon  the  principles  established  in  regard  to 
State  taxation. 

But  the  credit  of  no  county,  city  or  town  shall  be  given  or  loaned 
to  or  in  aid  of  any  person,  company,  association  or  corporation  ex- 
cept upon  an  election  to  be  first  held  by  the  qualified  voters  of  such 
county,  city  or  town,  and  the  assent  of  three-fourths  of  the  votes 
cast  at  said  election.  Nor  shall  any  county,  city  or  town  become  a 
stockholder  with  others  in  any  company,  association,  or  corporation, 
except  upon  a  like  election  and  the  assent  of  a  like  majority. 

Sec.  30.  No  article  manufactured  of  the  produce  of  this  State, 
shall  be  taxed  otherwise  than  to  pay  inspection  fees. 

Sec.  31.  The  credit  of  this  State  shall  not  be  hereafter  loaned  or 
given  to  or  in  aid  of  any  person,  association,  company,  corporation 
or  municipality  :  nor  shall  the  State  become  a  stockholder  with 
others  in  any  association,  company,  corporation  or  municipality. 

THE    EIGHT   OF   SUFFRAGE    CONSIDERED. 

On  motion  of  Mr.  NICHOLSON  the  Convention  proceeded  to  the 
consideration  of  the  report  of  the  Committee  on  Franchise  and 
Right  of  Suffrage. 

Mr.  WARNER  moved  to  pospone  the  consideration  of  the  report 
until  to-morrow,  which  motion  was  rejected. 

Mr.  JONES,  of  Lincoln,  moved  the  adoption  of  the  report  of  the 
minority  of  the  Committee  in  lieu  of  the  recommendation  of  the 
majority — pending  the  consideration  of  said  motion,  the  Conven- 
tion, 

On  motion  of  Mr.  BATE,  adjourned  until  to-morrow  morning, 
at  10  o'clock. 


lit 


TUESDAY  MORNING  JANUARY  25,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  McNEELEY. 

The  Journal  of  yesterday  was  read  and  approved. 

The  Roll  was  called  for  Memorials  and  Petitions. 

TO  AMEND    THE    RULES. 

Mr.  BRITTON  submitted  the  following  amendment  to  the  Rules  : 
Resolved,  That  the  rules  governing  the  proceedings  of  this  House 
be  so  amended,  that  no  member  shall  be  permitted  to  speak  more 
than  fifteen  minutes  upon  any  single  proposition  proposing  an 
amendment  to  the  Constitution,  unless  he  shall  first  obtain  leave  of 
the  Convention  to  do  so. 

Resolved,  further,  That  this  rule  shall  not  apply  to  the  proposi- 
tion now  under  consideration,  but  to  all  propositions  that  may  here- 
after come  up  for  consideration  in  this  House. 

MEMORIAL. 

Mr.  IVIE  presented  a  memorial  from  a  large  number  of  citizens 
of  Bedford,  Marshall  and  Rutherford  counties,  in  favor  of  estab- 
lishing a  new  county,  which,  without  being  read,  was  referred  to 
the  Committee  on  New  Counties  and  County  Lines. 

EXECUTIVE   DEPARTMENT   FURTHER   CONSIDERED. 

On  motion  of  Mr.  JONES,  of  Lincoln,  the  unfinished  business  of 
yesterday  was  postponed  and  the  resolution  of  Mr.  MARTIN,  defin- 
ing the  terms  on  which  the  militia  shall  be  called  into  service,  was 
taken  up. 

On  motion  of  Mr.  JONES,  of  Lincoln,  the  resolution  of  Mr. 
MARTIN  was  amended  by  striking  out  the  words  "  for  any  party  or 
political  purpose,  and  shall  not  call  them  into  service  in  any  case." 
The  resolution  as  amended  will  read  : 

The  Governor  shall  not,  in  any  event,  call  into  service  the  militia 


145 

except  that  of  rebellion  or  invasion  j  and  in  such  case  the  General 
Assembly  shall  declare  the  public  safety  requires  it. 

Mr.  DBOMGOOI.E  offered  the  following  in  lieu  : 

t(  The  Governor  shall  not  call  into  service  the  militia  of  this 
State  in  any  ease,  unless  the  General  Assembly  shall  declare  the 
public  safety  requires  it." 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  submitted 
the  following,  in  lieu  of  the  original  resolution  and  the  amendment 
in  lieu : 

The  Governor  shall  have  no  power  to  call  the  militia  into  service 
except  in  case  of  armed  rebellion  or  invasion  ;  and  in  such  case  the 
General  Assembly,  by  a  majority  of  two-thirds  of  all  the  members 
elected  to  each  House,  shall  first  declare,  by  joint  resolution  that, 
the  public  safety  requires  it. 

Mr.  HEISKELL  submitted  the  following  in  lieu  of  the  original 
resolutions  and  all  pending  amendments  : 

The  General  Assembly  shall  have  no  power  to  authorize  the 
militia  to  be  called  into  actual  service,  except  when  in  case  of  rebel- 
lion or  invasion  the  public  safety  may  require  it. 

In  case  the  law  shall  be  resisted  by  combinations  too  powerful  to 
be  controlled  by  the  civil  authorities  of  the  State,  such  call  may  be 
authorized  for  not  more  than  ten  days  at  a  time,  and  then  only  by 
a  law  declaring;  the  necessity  to  exist  and  denning  the  powers  to  be 
conferred. 

Mr;  JONES,  of  Lincoln,  moved  to  lay  the  original  resolution  and 
the  amendments  on-  the  table. 

Mr.  MARTIN  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  mqtion  to  lay  on  the  table  lost. 

Yeas 14 

]STays 54 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Branson,  Britton,  Carter,  Finley,  Garner,  Gibson, 
Hill  of  Warren,  Jones  of  Lincoln,  Kirpatrick,  Mabry,  Parker, 
Staley  and  Thompson  of  Maury — 14. 

Those  voting  in  the  negative  are  :. 

Messrs.  Allen,  Arledge,  Baxter,  Blackburn,  Blizard,  Brandon, 
Brooks,  Brown  of  Davidson,  Brown  of  Henry  j  etc.;  Burkett,  Bur- 
ton, Byrne,  Campbell,  Chowning,  Coffin,  Cypert,  Deaderick,  Deav- 
enport,  Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Fulker- 
son,  Gardner,  Gaut,  Gibbs,  Gordon,  Heiskell,  Henderson,  Hill  of 
Gibson,  House  of  Davidson  etc.,  Ivie,  Jones  of  Giles,  Kennedy, 
Key,  Kyle,  McDougal,  McNabb,  Martin,  Morris,  Meeks,  Nether- 
10 


146 

land,  Nicholson,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Shelton, 
Stephens,  Taylor,  "Warner,  Williamson  and  Wright — 54. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  moved 
to  refer  the  resolution  and  amendment  to  the  Committee  on  the 
Executive  Department. 

Mr.  MARTIN  moved  to  amend  the  motion  by  referring  the  whole 
subject  to  a  special  Committee  of  five,  which  motion  was  concurred 
in  by  the  Convention. 

LEAVE    OF   ABSENCE. 

On  motion  of  Mr.  Hill,  of  Warren,  leave  of  absence  was  granted 
Mr.  Cummings,  on  account  of  sickness. 

AMENDMENTS    PROPOSED. 

Mr.  GARNER  submitted  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Miscellaneous  Provisions  : 

Resolved,  That  the  Committee  on  Miscellaneous  Subjects  be  in- 
structed to  enquire  into  and  report  as  to  the  expediency  of  adopting 
the  following  as  Section  14,  of  Article  XI,  of  the  Constitution,  viz  : 

Section  14.  A  homestead  in  the  hands  of  each  head  of  a  family 
in  this  State,  occupied  as  a  residence,  together  with  all  the  improve- 
ments on  the  same,  to  the  value  of  not  exceeding  two  thousand 
dollars  shall  be  exempt  from  forced  sale  under  any  process  of  law 
during  the  life  time  of  such  head  of  a  family  and  the  minority  of 
his  or  her  children,  and  shall  not  be  alienated  without  the  joint 
consent  of  husband  and  wife  when  that  relation  exists ;  but  no  pro- 
perty shall  be  exempt  from  sale  for  taxes,  or  for  the  payment  of 
obligations  contracted  for  the  purchase  of  said  premises,  or  for  the 
erection  of  improvements  thereon. 

THE  ELECTIVE  FRANCHISE  FURTHER  CONSIDERED. 

The  Convention  proceeded  to  the  consideration  of  the  report  of 
the  Committee  on  Franchise  and  the  Right  of  Suffrage,  and  the 
substitute  offered  by  Mr.  JONES,  of  Lincoln. 

Before  coming  to  a  conclusion,  the  Convention,  at  2  o'clock,  P.M., 
On  motion  of  Mr.  HEISKELL,  took  a  recess  until  3  o'clock,  P.  M. 


147 


AFTERNOON  SESSION. 

• 

The  Convention  assembled  at  3  o'clock  p.  M.,  Mr.  President 
BROWN  in  the  Chair. 

Mr.  JONES,  of  Lincoln,  moved  that  the  Convention  adjourn  un- 
til to-morrow  morning  at  10  o'clock. 

Mr.  HILL,  of  Warren,  demanded  the  yeas  and  nays,  which  were 
ordered,  and  the  motion  to  adjourn  failed. 

Yeas 7 

Nays 39 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Burton,  Dromgoole,  Jones  of  Lincoln, 
Porter  of  Henry,  and  Williamson — 7. 

Those  voting  in  the  negative  are  : 

Messrs.  Baxter,  Blizard,  Brandon,  Branson,  Britton,  Brooks, 
Brown  of  Davidson,  Burkett,  Byrne,  Campbell,  Carter,  Chowning, 
Deaderick,  Finley,  Fulkerson,  Gardner,  Garner,  Gibbs,  Gibson, 
Gordon,  Hill  of  Warren,  Hill  of  Gibson,  Hou^e  of  Davidson, 
Robertson  and  Montgomery,  Ivie,  Jones  of  Giles,  Mabry,  McDoug- 
al,  McNabb,  Morris,  Nicholson,  Parker,  Seay,  Shepard,  Staley, 
Stephens,  Thompson  of  Davidson,  Thompson  of  Maury,  Turner 
and  Warner — 39. 

Mr.  STALEY  submitted  the  following  amendment  to  the  report  of 
the  majority  : 

Strike  out  in  seventh,  eighth  and  ninth  lines  the  following  : 

"  Except  that  each  voter  shall  give  to  the  Judges  of  Election, 
where  he  offers  to  vote,  satisfactory  evidence  that  he  has  paid  the 
poll  taxes  then  due  from  him,  without  which  his  vote  cannot  be  re- 
ceived." 

The  section  will  then  read  :  "  Every  man  of  the  age  of  twenty- 
one  years,  being  a  citizen  of  the  United  States,  and  a  citizen  of  the 
county  wherein  he  may  offer  his  vote,  six  months  next  preceding 
the  day  of  election,  shall  be  entitled  to  vote  for  members  of  the 
General  Assembly  and  other  civil  officers,  for  the  county  or  district 
in  which  he  resides,  and  there  shall  be  no  qualification  attached  to 
the  right  of  suffrage.  All  male  citizens  of  the  State  shall  be  sub- 
ject to  the  payment  of  poll  taxes  and  to  the  performance  of  military 
duty  within  such  ages  as  may  be  prescribed  by  law  ;  Provided, 


148 

that  the  General  Assembly  shall  have  power  to  enact  laws  requir- 
ing voters  .to  vote  in- the  election  precincts  in  which  they  may  re- 
side, and  laws  to  secure  the  freedom  of  elections  and  the  purity  of 
the  ballot  box." 

Without  coming  to  a  conclusion,  the  Convention,  on  motion  of 
Mr.  HOUSE,  of  Montgomery,  adjourned  until  to-morrow  morning, 
at  10  o'clock. 


WEDNESDAY  MORNING,  JANUARY  26,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  SAMPLE,  a  member  of  the  Convention. 
The  Journal  of  yesterday  was  read  and  approved. 
The  roll  was  called  for  memorials  and  petitions. 

AMENDMENT   PROPOSED. 

Mr.  GARDNER  submitted  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  Elections  : 

Resolved,  That  in  filling  vacancies  in  all  offices  under  this  Con- 
stitution, occasioned  by  death,  resignation  or  removal,  the  appoint- 
ment or  election  shall  be  made  for  the  unexpired  term. 

HOUR  OF   MEETING. 

Mr.  JONES,  of  Lincoln,  submitted  the  following  resolution : 
Resolved,  That  hereafter  the  hour  of  meeting  of  the  Convention 
shall  be  9  o'clock,  A.  M.;  it  shall  sit  until  1  o'clock,  p.  M.,  and  take 
a  recess  until  2J  o'clock,  P.  M.,  unless  otherwise  ordered  by  the 
Convention. 

On  motion  of  Mr.  GARNER  the  rules  were  suspended,  and  the 
resolution  was  taken  up,  when. 


149 

On  motion  of  Mr.  BAXTER  the  resolution  was  amended  by  strik- 
ing out  9  and  substituting  9J  o'clock,  and  the  resolution  as  amended 
was  adopted  by  the  Convention. 

PROPOSITION  IN  LIEU  OF  THE  MAJORITY  REPORT    OF   THE    JUDICI- 
ARY   COMMITTEE. 

Mr.  HILL,  of  Gibson,  submitted  *the  following  in  lieu  of  the  re- 
port of  the  majority  of  the  Committee  on  the  Judicial  Department, 
which,  on  motion  of  Mr.  HOUSE,  of  Montgomery,  was  ordered  to 
be  laid  on  the  table,  and  100  copies  ordered  to  be  printed : 

ARTICLE    V, 

Section  1.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate.  "When 
sitting  for  that  purpose  the  Senators  shall  be  upon  oath  or  affirma- 
tion, and  the  Chief  Justice  of  the  Court  of  Errors  and  Appeals,  or, 
if  he  be  on  trial,  the  Senior  Associate  Judge  shall  preside  over  them. 
Xo  person  shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  Senators  sworn  to  try  the  officer  impeached. 

Sec.  3.  The  House  of  Representatives  shall  elect,  from  their  own 
body,  three  members,  whose  duty  it  shall  be  to  prosecute  impeach- 
ments. No  impeachment  shall  be  tried  until  the  Legislature  shall 
have  adjourned  sine  die,  when  the  Senate  shall  proceed  to  try  such 
impeachment. 

Sec.  4.  The  Governor,  Judges  of  the  Court  of  Errors  and  Ap- 
peals, Judges  of  the  Supreme  Courts,  Judges  of  the  Inierior  Courts, 
Chancellors,  Attorneys  for  the  State,  and  Secretary  of  State,  shall 
be  liable  to  impeachment,  whenever  they  may,  in  the  opinion  of  the 
House  of 'Representatives,  commit  any  crime  in  their  official  capa- 
city which  may  require  disqalification ;  but  judgment  shall  only 
extend  to  removal  from  office,  and  disqualification  to  fill  any  office 
thereafter.  The  party  shall,  nevertheless,  be  liable  to  indictment, 
trial,  judgment  and  punishment,  according  to  law. 

Sec.  5.  Justices  of  the  Peace,  and  other  civil  officers,  not  herein- 
before mentioned,  for  crimes  or  misdemeanors  in  office,  shall  be  lia- 
ble to  indictment  in  such  courts  as  the  Legislature  may  direct;  and 
upon  conviction,  shall  be  removed  from  office  by  said  court,  a>  i 
found  guilty  on  impeachment ;  and  shall  be  subject  to  such  other 
punishment  as  may  be  prescribed  by  law. 

ARTICLE  VI. 

Section  1.  The  Judicial  power  of  this  State  shall  be  vested  in  one 
Court  of  Errors  and  Appeals,  and  in  three  Supreme  Courts,  and  in 


150 

such  Circuit,  Chancery  and  other  inferior  Courts  as  the  Legislature 
shall  from  time  to  time  ordain  and  establish,  and  the  Judges  thereof, 
and  in  Justices  of  the  Peace.  The  Legislature  may  also  vest  such 
jurisdiction  in  corporation  courts  as  may  be  deemed  necessary. 
Courts  to  be  hold  en  by  Justices  of  the  Peace  may  also  be  estab- 
lished. 

Sec.  2.  The  Court  of  Errors  and  Appeals  shall  consist  of  three 
Judges,  of  whom  not  more  than  one  shall  reside  in  any  one  of  the 
grand  divisions  of  the  State.  They  shall  be  elected  by  the  qualified 
voters  of  the  State  at  large.  They  shall  hold  one  term  of  the  Court 
of  Errors  and  Appeals  annually,  in.  the  city  of  Nashville,  at  such 
times  as  the  Legislature  shall  fix.  They  shall  designate  one  of  their 
number  who  shall  preside  as  Chief  Justice.  The  concurrence  of 
two  of  said  Judges  shall,  in  every  case,  be  necessary  to  a  decision. 
Every  Judge  of  the  Court  of  Errors  and  Appeals  shall  be  not  less 
than  thirty-five  years  of  age,  and  shall,  before  his  election,  have 
been  a  resident  of  the  State  five  years.  The  jusisdiction  of  this 
Court  shall  be  appellate  only  under  such  restrictions  and  regulations 
as  may  be  prescribed,  from  time  to  time,  by  law;  Provided,  that 
this  Court  shall  have  jurisdiction  of  no  cause  except  such  as  may  be 
prosecuted  to  this  Court  from  the  Supreme  Courts,  under  such  re- 
strictions and  regulations  as  may  now  exist  or  may  be  fixed,  from 
time  to  time,  by  law,  for  the  removing  of  causes  from  Inferior 
Courts  to  Superior  Courts  for  the  correction  of  errors ;  Provided, 
that  the  Court  of  Errors  and  Appeals  shall  have  jurisdiction  of  no 
civil  cause,  except  in  cases  involving  questions  of  the  constitution- 
ality of  an  Act  of  the  General  Assembly,  or  the  rights  and  duties 
of  public  officers,  when  the  amount  involved  is  less  than  $500  00 ; 
Provided,  the  Legislature  shall  have  power  to  fix,  from  time  to 
time — with  the  exception  before  named — the  amount  over  which 
this  Court  shall  have  jurisdiction ;  Provided,  the  amount  shall  not 
be  less  than  $500  00;  Provided,  that  causes  involving  the  constitu- 
tionality of  an  Act  of  the  General  Assembly,  or  the  rights  and 
duties  of  public  officers,  shall  be  prosecutea  direct  to  the  Court  of 
Errors  and  Appeals  from  such  Inferior  Courts  as  may  now  exist  or 
be  established,  from  time  to  time,  by  law,  in  the  same  manner  as 
causes  are  now  removed  from  said  Inferior  Courts  to  the  present 
Supreme  Court,  and  under  such  other  restrictions  and  regulations 
as  may  be  fixed  from  time  to  time,  by  law. 

Sec.  — .  There  shall  be  three  Supreme  Courts.  One  of  said 
Courts  shall  be  held  at  Knoxville,  for  the  Grand  Division  of  East 
Tennessee ;  one  shall  be  held  at  Nashville,  for  the  Grand  Division 
of  Middle  Tennessee ;  one  shall  be  held  at  Jackson,  for  the  Grand 
Division  of  West  Tennessee.  The  Legislature  shall  fix  the  time 
for  the  holding  of  these  Courts.  Each  Court  shall  be  composed  of 
three  Judges,  one  of  whom  shall  be  one  of  the  Judges  of  the  Court 
of  Errors  and  Appeals,  who  shall  preside  as  Chief  Justice  of  the 


151 

Supreme  Court.  The  other  two  Judges  shall  reside  in  the  respect- 
ive Grand  Divisions  of  the  State  where  the  Court  is  to  be  held,  and 
shall  be  elected  by  the  qualified  voters  of  said  Grand  Division. 
The  concurrence  of  two  of  said  Judges  shall,  in  every  case,  be  nec- 
essary to  a  decision.  No  Judge  of  the  Supreme  Courts  shall  be 
less  than  thirty  years  of  age,  and  he  shall,  before  his  election,  have 
been  a  resident  of  the  State  five  years.  His  term  of  office  shall  be 
eight  years.  The  jurisdiction  of  the  Supreme  Courts  shall  be  the 
same  as  is  now  by  law  conferred  upon  the  present  Supreme  Court 
under  such  other  restrictions  and  regulations  as  may  be  fixed,  from 
time  to  time,  by  law ;  Provided,  that  the  Supreme  Courts  shall  have 
no  jurisdiction  over  any  cause  wherein  is  involved  any  question  of 
the  constitutionality  of  any  Act  of  the  General  Assembly,  or  the 
rights  and  duties  of  public  officers. 

Sec.  — .  An  Attorney  General  and  Reporter  for  the  State  shall 
be  appointed  by  the  Judges  of  the  Court  of  Errors  and  Appeals, 
and  he  shall  hold  his  office  for  the  term  of  eight  years.  An  Attor- 
ney General  for  each  Grand  Division  of  the  State  shall  be  elected 
by  the  qualified  voters  thereof,  and  he  shall  hold  his  office  for  eight 
years.  Attorneys  for  the  State  for  any  Circuit  or  District,  as  may 
now  exist,  or  hereafter  be  established  by  law,  shall  be  elected  by  the 
qualified  voters  of  said  Circuit  or  District,  and  shall  hold  their 
offices  for  the  term  of  six  years,  or  'as  may  be  fixed  from  time  to 
time  by  law.  In  all  cases  where  the  Attorney  for  any  Division  or 
District  fails  or  refuses  to  attend  and  prosecute,  according  to  law, 
the  Courts  shall  have  power  to  appoint  an  Attorney  pro  tern. 

Sec.  — .  Judges  and  Attorneys  for  the  State  may  be  removed 
from  office  by  a  concurrent  vote  of  both  Houses  of  the  General  As- 
sembly, each  House  voting  separately;  but  two-thirds  of  all  the 
members  elected  to  each  House  must  concur  in  such  vote;  the  vote 
shall  be  determined  by  ayes  and  noes,  and  the  names  of  the  mem- 
bers voting  for  or  against  the  Judge  or  Attorney  for  the  State,  to- 
gether with  the  cause  or  causes  of  removal,  shall  be  entered  on  the 
Journals  of  each  House,  respectively.  The  Judge  or  Attorney  for 
the  State,  against  whom  the  Legislature  may  be  about  to  proceed, 
shall  receive  notice  thereof,  accompanied  with  a  copy  of  the  causes 
alleged  for  his  removal,  at  least  ten  days  before  the  day  on  which 
either  House  of  the  General  Assembly  shall  act  thereupon. 

Sec.  — .  The  Judges  of  the  Courts  of  Errors  and  Appeals,  and 
the  Supreme  Courts  and  Inferior  Courts,  shall,  at  stated  times,  rer 
ceive  a  compensation  for  their  services,  to  be  ascertained  by  law,, 
which  shall  not  be  increased  or  diminished  during  the  time  for 
which  they  are  elected.  They  shall  not  be  allowed  any  fees  or  perqui^ 
sites  of  office  ;  nor  hold  any  other  office  of  trust  or  profit  under  this 
State,  or  the  United  States. 

Sec.  — .  The  jurisdiction  of  the  Circuit,  Chancery  and  other  In- ... 


152 

ferior  Courts,  shall  be  as  now  established  by  law,  until  changed  by 
the  Legislature. 

Sec.  — .  Judges  shall  not  charge  juries  with  respect  to  matters  of 
fact,  but  may.  state  the  testimony  and  declare  the  law. 

Sec.  — .  The  Judges,  Chancellors,  or  Justices  of  the  Inferior 
Courts  of  Law  and  Equity,  shall  have  power,  in  all  civil  cases,  to 
issue  writs  of  certiorari  to  remove  any  cause,  or  the  transcript  of 
the  record  thereof,  from  any  inferior  jurisdiction  into  such  courts  of 
law,  on  sufficient  cause,  supported  by  oath  or  affirmation. 

Sec.  — .  No  Judge  of  the  Court  of  Errors  and  Appeals,  or  of  the 
Supreme  Courts  or  Inferior  Courts,  shall  preside  on  the  trial  of  any 
cause  in  the  event  of  which  he  may  be  interested,  or  where  either 
of  the  parties  shall  be  connected  with  him  by  affinity  or  consan- 
guinity, within  such  degress  as  may  be  prescribed  by  law,  or  in 
which  he  may  have  been  of  counsel,  or  in  which  he  may  have  pre- 
sided in  any  Inferior  Court,  except  by  the  consent  of  all  the  parties. 
In  case  any  or  all  of  the  Judges  of  the  Supreme  Court  shall  be  thus 
disqualified  from  presiding  on  the  trial  of  any  cause  or  causes,  the 
Court,  or  the  Judges  thereof,  shall  certify  the  same  to  the  Governor 
of  the  State,  and  he  shall  forthwith  specially  commission  the  requi- 
site number  of  men,  of  law  knowledge,  for  the  trial  and  determina- 
tion thereof.  In  case  of  sickness  of  any  of  the  Judges  of  the  Su- 
preme or  Inferior  Courts,  so  that  they  or  any  of  them  are  unable  to 
attend,  the  Legislature  shall  be  authorized  to  make  provision,  by 
general  laws,  that  special  Judges  may  be  appointed  to  attend  said 
courts.  The  Legislature  may,  by  general  laws,  make  provision  that 
special  Judges  may  be  appointed  to  hold  any  courts,  the  Judges  of 
which  shall  be  unable,  or  fail  to  attend  or  sit,  or  to  hear  any  cause 
in  which  the  Judge  may  be  incompetent. 

Sec.  — .  All  writs  and  other  process  shall  run  in  the  name  of  the 
State  of  Tennessee  ;  and  bear  test  and  be  signed  by  the  respective 
clerks  Indictments  shall  conclude,  "against  the  peace  and  dignity 
of  the  State." 

Sec.  — .  Judges  of  the  Court  of  Errors  and  Appeals,  and  of  the 
Supreme  Courts,  shall  appoint  their  clerks,  who  shall  hold  their 
terms  of  office  for  six  years.  Chancellors  shall  appoint  their  Clerks 
and  Masters,  who  shall  hold  their  offices  for  a  period  of  eight  years. 
Clerks  of  such  Inferior  Courts,  as  may  be  hereafter  established, 
which  shall  be  required  to  be  holden  in  the  respective  counties  of 
this  State,  shall  be  elected  by  the  qualified  voters  thereof,  for  the 
term  of  four  years  ;  they  shall  be  removed  from  office  for  malfeas- 
ance, incompetency,  or  neglect  of  duty,  in  such  manner  as  may  be 
prescribed  by  law* 

Sec.  — .  No  fine  shall  be  laid  on  any  citizen  of  this  State  that 
shall  exceed  fifty  dollars,  unless  it  shall  be  assessed  by  a  jury  of  his 
peers,  who  shall  assess  the  fine  at  the  time  they  find  the  fact,  if  they 
think  the  fine  should  be  more  than  fifty  dollars. 


153 

Sec.  — .  The  different  counties  of  this  State  shall  be  laid  off  as 
the  General  Assembly  may  direct,  into  districts  of  convenient  size, 
so  that  the  whole  number 'in  each  county  shall  not  be  more  than 
twcntv-five,  or  four  for  every  one  hundred  square  miles.  There 
shall  be  two  Justices  of  the  Peace  and  one  Constable  elected  in  each 
district  by  the  qualified  voters  therein,  except  districts  including 
county  towns,  which  shall  elect  three  Justices  and  two  Constables. 
The  jurisdiction  of  said  officers  shall  be  co-extensive  wi'th  the 
county.  Justices  of  the  Peace  shall  be  elected  for  the  term  of  six, 
and  Constables  for  the  term  of  two  years.  Upon  the  removal  of 
either  of  said  officers  from  the  district  in  which  he  was  elected,  his 
office  shall  become  vacant  from  the  time  of  such  removal.  Justices 
of  the  Peace  shall  be  commissioned  by  the  Governor.  The  Legis- 
lature shall  have -power  to  provide  for  the  appointment  of  an  addi- 
tional number  of  Justices  of  the  Peace  in  incorporated  towns. 

SCHEDULE. 

Sec.  1.  That  no  inconvenience  may  arise  from  a  change  of  the 
•Constitution,  it  is  declared  that  all  civil  officers  of  the  State,  except 
Attorney  General  and  Reporter  for  the  State,  and  the  Attorneys 
General  for  the  Criminal  Districts  or  Courts  of  the  State,  and  the 
Judges  of  the  several  courts,  shall  hold  their  offices  until  the  expi- 
ration of  their  terms  of  service. 

Soc.  2.  The  present  Judges  of  the  Supreme  Court,  and  of  the 
Circuit,  Chancery,  and  other  Inferior  Courts,  shall  hold  their  offices 
until  their  successors  are  elected  under  this  schedule. 

Sec.  3.  The  election  of  Judges  and  Attorneys  General,  under  this 

Constitution,  shall  be  held  on  "the day  of ,  1870,  by  the 

Sheriffs  in  the  several  counties  in  the  manner  prescribed  by  the 
Code. 

AMENDMENTS    PROPOSED. 

Mr.  McDouGAL  submitted  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  the  Judicial  Department : 

Itexolrcd,  That  the  Committee  on  the  Judicial  Department  be  di- 
rected to  inquire  into  and  report  as  to  the  propriety  of  striking  out 
the  amendment  adopted  to  the  Constitution  of  Tennessee  in  1853, 
which  requires  that  the  elections  for  Judges  and  Attorneys  General 
shall  not  be  held  on  the  same  day  with  elections  for  the  State  and 
county  officers, 

Mr.  STEPHENS  submitted  the  following  amendments  to  Section 
1,  Article  J  V,  as  reported  by  the  Committee  on  Elections: 

1st.  Strike  out  from  the  first  line  the  word  "  man  "  and  insert 
the  word  "  male  person." 


154 

2d.  Strike  out  the  word  "  six  "  in  the  third  line,  and  insert  the 
word  "  twelve.7' 

3d.  After  the  word  "  district,"  in  the  fifth  line,  insert  the  words 
"  or  municipal  corporation." 

4th.  Strike  out  all  after  the  fifth  line,  and  insert :  "  Each  voter 
shall  give  to  the  j  udges  of  election  where  he  offers  to  vote,  satisfac- 
tory evidence  that  he  has,  at  a  time  to  be  prescribed  by  law,  paid 
the  full  taxes  due  by  him,  without  which  his  vote  cannot  be  re- 
ceived. All  male  citizens  of  the  State  shall  be  subject  to  the  pay- 
ment of  poll-taxes,  and  to  the  performance  of  military  duty  within 
such  ages  as  may  be  prescribed  by  law.  The  General  Assembly 
shall  have  power  to  require  voters  to  vote  in  the  election  precincts 
in  which  they  may  reside,  and  to  pass  laws  to  secure  the  freedom  of 
elections  and  the  purity  of  the  ballot-box. 

Mr.  WRIGHT  submitted  the  following  resolution  in  lieu  of  Section 
1  of  the  Schedule  as  reported  by  the  majority  of  the  Judiciary 
Committee  : 

Resolved,  That  in  order  that  the  interest  of  the  people  may  be 
subserved,  and  that  justice  may  be  established,  it  be  declared  by 
this  Convention  that  all  civil  officers  of  the  State,  except  those  in 
whose  elections  the  people  generally  were  allowed  to  participate, 
(to-wit :  the  Governor  and  Legislature,)  are  vacant,  and  that  elec- 
tions by  the  people,  to  fill  all  such  vacancies,  shall  take  place  im- 
mediately upon  the  ratification  of  the  Constitution  proposed  by  this 
Convention  and  submitted  to  the  people. 

On  motion  of  Mr.  WEIGHT,  the  resolutions  were  referred  to  the 
Committee  on  Elections. 

COMMITTEE  ON    ^ILITIA. 

The  PRESIDENT  announced  the  following  gentlemen  as  constitut- 
ing the  Special  Committee  on  Mr.  Martin's  resolution,  denning  the 
terms  on  which  the  militia  shall  be  called  into  service :  Messrs. 
Martin,  Stephens,  Brown  of  Davidson,  Netherland  and  Deaderick. 

THE  ELECTIVE  FRANCHISE    FURTHER  CONSIDERED. 

The  Convention  resumed  the  consideration  of  the  unfinished  busi- 
ness of  yesterday — the  report  of  the  Committee  on  Franchise  and 
Right  of  Suffrage,  and  the  amendments  proposed  thereto ;  and  be- 
fore coming  to  a  conclusion  thereon,  at  10  o'clock  the  Convention 
took  a  recess  until  2J  o'clock  p.  M. 


155 


AFTERNOON  SESSION. 

The  PRESIDENT,  at  2:30  o'clock,  called  the  Convention  to  order, 
and  the  Convention  proceeded  again  to  the  consideration  of  the  re- 
port of  the  Committee  on  Franchise,  etc. 

At  5  o'clock  P.  M.,  on  motion  of  Mr.  NICHOLSON,  the  Conven- 
tion adjourned  until  to-morrow  morning,  at  9:30  o'clock. 


THURSDAY  MORNING,  JANUARY   27,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

The  Journal  of  yesterday  was  read  and  approved. 
The  roll  was  called  for  memorials  and  petitions. 

LENGTH    OF    SPEECHES. 

Mr.  BRITTON  called  up  his  resolution,  offered  on  Tuesday,  fixing 
;he  length  of  time  a  delegate  shall  be  allowed  to  speak. 

Mr.  BROOKS  moved  to  amend  the  resolution  by  striking  out 
"  fifteen  "  and  inserting  "  thirty." 

Mr.  JONES,  of  Giles,  moved  to  lay  the  resolution  and  amendment 
on  the  table. 

Mr.  GARNER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  failed. 

Yeas 30 

Nays , 38 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Camming^  Deavenport,  Dromgoole, 


156 

Fentress,  Fulkerson,  Gibbs,  Heiskell,  Henderson,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Davidson,  Robertson  and  Mont- 
gomery, Ivie,  Jones  of  Giles,  Key,  Mabry,  McDougal,  Meeks, 
Netherland,  Porter  of  Haywood,  Porter  of  Henry,  Shepard,  Shel- 
ton,  Stephens,  Taylor,  Thompson  oi  Davidson,  Thompson  of  Maury, 
and  Williamson — 30. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Branson,  Brandon,  Britton,  Brooks,  Brown  of 
Davidson,  Brown  of  Henry,  etc.,  Burkett,  Byrne,  Campbell,  Carter, 
Chowning,  Coffin,  Deaderick,  Dibbrell,  Doherty,  Fielder,  Finley, 
Gardner,  Garner,  Gaut,  Gibson,  Hill  of  Warren,  Jones  of  Lincoln, 
Kennedy,  Kirkpatrick,  Kyle,  McNabb,  Martin,  Morris,  Nicholson, 
Parker,  Sample,  Seay,  Staley,  Turner,  Warner  and  Wright — 38. 

Mr.  BROOKS'  amendment  was  rejected. 

Mr.  JONES,  of  Lincoln,  moved  to  amend  the  resolution  by  strik- 
ing out  "fifteen"  and  inserting  "  twenty-five"  which  was  accepted 
by  Mr.  Britton. 

Mr.  HILL,  of  Warren,  moved  to  amend  by  inserting  fi/tcen  in 
lieu  of  twenty-five. 

Mr.  GIBBS  moved  the  indefinite  postponement  of  the  resolution 
and  amendment. 

Mr.  HEISKELL  demanded  the  previous  question,  which  was  sus- 
tained. 

Mr.  GIBBS'  motion  to  postpone  indefinitely  was  sustained. 

Yeas , 44 

Nays . .  „ 28 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brooks,  Brown  of  David- 
son, Brown  of  Henry,  Burton,  Byrne,  Campbell,   Chowning,  Cof- 
fin, Cummings,  Cypert,  Deavenport,  Doherty,  Dromgoole,  Fein 
Fulkerson,  Gibbs,  Gordon,  Heiskell,  Henderson,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Davidson,  Robertson  and  Mont- 
gomery,  Ivie,   Jones  of   Giles,  Key,   McDougal,   Martin,   Meeks, 
Netherland,  Porter  of  Haywood,  Porter  of  Henry,  Shepard,   Shel- 
ton,    Stephens,    Taylor,    Thompson    of    Davidson,     Thompson 
Maury,  Turner,  Williamson,  and  Wright — 44. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Branson,  Brandon,  Burkett,  Carter,  Deader- 
ick, Dibbrell,  Fielder/  Finley,  Gardner,  Garner,  Gaut,  Gibson, 
Hill  of  Warren,  Jones  of  Lincoln,  Kennedy,  Kirkpatrick,  Kyle, 


157 

M-.ibry,  McNabb,  Morris,  Nicholson,  Parker,  Sample,  Seay,  Stalcy, 
and  Warner— 28. 

NIGHT   SESSIONS. 

Mr.  GARNER  offered  the  following  resolutions,  which  lie  over 
under  the  rules: 

Jtcxoh-cd.  That  this  Convention  will  meet  each  night  of  its  daily 
ions  at  7  o'clock  p.  M.,  unless  otherwise  ordered. 

Resolved,  That  this  Convention  will  adjourn  sine  die  on  Mon- 
day, the  7th  day  of  February,  1870. 

ELIGIBILITY  OF  DELEGATES  TO  OFFICE. 

Mr.  GIBSON  submitted  the  following  preamble  and  resolution, 
which  were  read  and  referred  to  the  Committee  on  Miscellaneous 
Provisions : 

WHEREAS,  It  is  gravely  proposed  to  vacate  and  create  a  large 
number  of  offices  upon  the  ratification  of  this  Constitution ;  and 

WHEREAS,  The  people  may  w«ell  have  serious  doubts  as  to 
whether  these  offices  and  vacancies  are  created  by  an  uninterested 
disposition  to  benefit  them,  and  not  the  members  of  this  Conven- 
tion ;  and 

WHEREAS,  It  is  highly  proper  that  this  Convention  should  show 
the  people  that  delegates  have  not  voted  to  create  these  offices  and 
vacancies  in  order  to  fill  them  themselves,  but  that  they  are 
pr<  >mpted  by  the  purest  and  most  disinterested  patriotism ;  there 
fore, 

Be  it  resolved  and  incorporated  in  the  schedule,  That  no  delegate 
in  this  Convention  shall  be  eligible  to  fill  any  vacancy,  or  the  first 
term  of  any  office,  created  by  this  Constitution. 

MEMORIAL. 

Mr.  WRIGHT  presented  a  memorial  from  sundry  citizens  of  Car- 
roll County,  against  taking  any  portion  of  said  county  to  form  a 
new  county  or  counties,  which,  without  being  read,  was  referred  to 
the  Committee  on  New  Counties  and  County  Lines. 

AMENDMENTS   WITHDRAWN. 

Mr.  STALEY  asked  and  obtained  leave  to  withdraw  the  amend- 
ment offered  by  him  to  the  report  of  the  majority  of  the  Commit- 
tee on  Elections  and  the  Elective  Franchise,  in  order  that  the  Con- 
vention may  vote  singly  on  the  proposition  of  the  minority,  with 


158 

notice  that  he  would  again  offer  it  before  final  action  on  the  report 
of  the  majority. 

REPORT  ON  THE  MILITIA. 

Mr.  MARTIN,  from  the  Special  Committee  appointed  to  consider 
and  report  what  limitations  should  be  made  in  the  manner  of 
calling  out  the  militia,  made  the  following  report : 

The  Special  Committee,  appointed  to  report  upon  the  proposition 
to  amend  Article  III  in  such  a  manner  as  to  limit  the  power 
to  call  out  the  militia,  have  had  the  matter  under  consideration, 
and  have  instructed  me  to  report  the  following  in  addition  to  said 
Article,  to  be  styled  Section  18: 

"  The  militia  shall  only  be  called  into  service  in  case  of  rebellion 
or  invasion,  and  then  only  when  the  General  Assembly  shall  de- 
clare by  law  that  the  public  safety  requires  it." 

MATT.  MARTIN. 

On  motion  of  Mr.  JONES,  of  Lincoln,  the  Convention  proceeded 
to  the  consideration  of  the  report. 

Mr.  MARTIN  demanded  the  yeas  and  nays  upon  the  adoption  of 
the  amendment  proposed  by  the  Committee,  which  were  ordered, 
and  the  amendment  adopted. 

Yeas 50 

Nays 20 

Those  voting  in  the  affirmative  are : 

Messrs.  Blizard,  Brandon,  Brooks,  Brown  of  Davidson,  Brown  of 
Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell,  Chowning,  Coffin, 
Cummings,  Cypert,  Deaderick,  Deavenport,  Dibbrell,  Doherty, 
Dromgoole,  Fentress,  Fielder,  Finley,  Fulkerson,  Gardner,  Gaut, 
Gibbs,  Gordon,  Heiskell,  Henderson,  Hill  of  Gibson,  House  of 
Williamson,  Ivie,  Key,  Kyle,  McDougal,  McNabb,  Martin,  Meeks, 
Netherland,  Nicholson,  Porter  of  Haywood,  Porter  of  Henry, 
Sample,  Seay,  Shelton,  Stephens,  Taylor,  Thompson  of  Davidson, 
Turner,  Warner,  and  Wright — 50. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Baxter,  Branson,  Britton,  Carter,  Garner, 
Gibson,  Hill  of  Warren,  Jones  of  Lincoln,  Jones  of  Giles,  Ken- 
nedy, Kirkpatrick,  Mabry,  Morris,  Parker,  Shepard,  Staley, 
Thompson  of  Maury,  and  Williamson — 20. 

FOR  ENROLLMENT, 

On  motion  of  Mr.  JONES,  of  Lincoln,  it  was  ordered  that  Arti- 


159 

cles  I  and  III  of  the  Constitution  as  adopted  by  the  Convention  be 
referred  to  the  Committee  on  Revision  and  Enrollment. 

LEAVE  OF  ABSENCE. 

On  motion  of  Mr.  STEPHENS,  leave  of  absence  was  given  Mr. 
Blackburn  until  Tuesday  next. 

TPIE  ELECTIVE  FRANCHISE  FURTHER  CONSIDERED. 

The  Convention  resumed  the  consideration  of  the  unfinished  busi- 
ness of  yesterday — the  report  of  the  Committee  on  Franchise  and 
the  proposition  in  lieu,  and  without  coming  to  a  conclusion  at  1 
o'clock  P.  M.,  took  recess  to  2J  o'clock  p.  M. 


AFTERNOON  SESSION. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  at  2J 
o'clock  called  the  Convention  to  order,  and  stated  that  the  Presi- 
dent was  prevented  from  presiding  over  this  body  this  afternoon  by 
indisposition,  and  on  his  motion  Mr.  Gordon,  of  Hickman  was 
called  to  the  Chair. 

THE  ELECTIVE  FRANCHISE  FURTHER  CONSIDERED. 

The  Convention  resumed  the  consideration  of  the  report  of  the 
Committee  on  Franchise  and  Right  of  Suffrage,  and  the  amendment 
of  Mr.  Jones,  of  Lincoln,  in  lieu. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  upon  the 
adoption  of  the  amendment  in  lieu,  which  were  ordered,  and  the 
amendment  rejected : 

Yeas 20 

Nays 54 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Bate,  Brown  of  Henry,  etc.,   Campbell,  Carter, 


160 

Cummings,  Deavenporl,  Fentress,  Fielder,  Heiskell,  Jones  of  Lin- 
coln. Porter  of  Haywood,  Porter  of  Henry,  Shepard,  Shelton, 
Stephens,  Taylor,  Warner,  Williamson,  and  Wright — 20. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Branson,  Brandon,  Britton, 
Brooks,  Brown  of  Davidson,  Burkett,  Barton,  Byrne,  Chown- 
ing,  Coffin,  Cypert,  Deaderick,  Dibbrell,  Doherty,  Dromgoole, 
Finley,  Fulkerson,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Gordon, 
Henderson,  Hill  of  Warren.  Hill  of  Gibson,  House  of  Williamson, 
House  of  Davidson,  Robertson  and  Montgomery,  Ivie,  Jones  of 
Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal,  Mc- 
Nabb,  Martin,  Morris,  Meeks,  Netherland,  Nicholson,  Parker, 
Sample,  Seay,  Staley,  Thompson  of  Davidson,  Thompson  of  Maury, 
Turner,  Walters,  and  President  Brown — 54. 

Mr.  Fen  tress  offered  the  following  in  lieu  of  the  majority  report 
of  the  Committee  on  Franchise  and  Eight  of  Suffrage  :. 

ARTICLE   IV. 

Section  1.  Every  free  white  man  of  twen'y-one  years,  being  a 
citizen  of  the  United  States,  and  a  citizen  of  the  county  wherein  he 
may  offer  his  vote  six  months  next  preceding  the  day  of  election, 
shall  be  entitled  to  vote  for  members  of  the  General  Assembly  and 
other  civil  officers  for  the  county  or  district  in  which  he  resides,  and 
all  persons  in  the  State  who  are  or  may  hereafter  be  entitled  to  vote 
in  this  State,  shall  be  subject  to  the  payment  of  poll-taxes  and  to 
the  performance  of  military  duty,  within  such  ages  as  may  be  pre- 
scribed by  law,  but  no  one  who  is  not  legally  entitled  to  vote,  shall 
ever  be  required  to  pay  a  poll-tax.  It  is  further  ordered  by  this 
Convention  that  the  question  whether  the  negro  and  mulatto  shall 
be  allowed  to  vote  equally  with  the  white  man,  shall  be  submitted 
to  the  people  of  Tennessee  on  such  day  as  this  Convention  may 
hereafter  direct,  as  a  separate  question,  so  that  the  will  of  the  peo- 
ple may  be  clearly  gotten  upon  it,  in  such  manner  as  this  Conven- 
tion may  direct,  and  if  a  majority  of  the  electors  who  are  legally 
entitled  to  vote  at  said  election  and  who  do  vote  at  said  election, 
declare  by  their  votes  in  favor  of  the  negro  or  mulatto  voting 
equally  with  the  white  man,  then  there  shall  be  added  as  a  part  of 
Article  IV  the  following  as 

Sec.  2.  Every  negro  or  mulatto  of  twenty-one  years,  being  a  citi- 
zen of  the  United  States  and  a  citizen  of  the  county  where  he  may 
offer  his  vote,  six  months  next  preceeding  the  day  of  election  shall 
be  entitled  to  vote  for  members  of  the  General  Assembly  and  other 
civil  officers  for  the  county  or  district  in  which  he  resides  : 

But  in  case  a  majority  of  the  electors  voting  at  said  election  shall 


161 

bo  airain.st  allowing  the  negro  or  mulatto,  equally  with  the  white 
man,  the  elective  Franchise,  then  Section  4,  as  hereinbefore  first  set 
out  in  Section  1. 

Mr.  NICHOLSON  moved  to  lay  the  amendment  in  lieu  on  the 
table. 

Mr.  WILLIAMSON  demanded  the  yeas  and  nays,  which  were  or- 
dered, and  the  motion  to  lay  on  the  table  sustained. 

Yeas 52 

Kays 20 

Those  voting  in  the  affirmative  are:, 

Messrs.  Allen,  Baxter,  Blizard,  Branson,  Brandon,  Britton,  Brooks, 
Brown  of  Davidson,  Burkett,  Burton,  Byrne,  Chowning,  Coffin, 
Cypert,  Deaderick,  Dibbrell,  Doherty,  Finley,  Fulkerson,  Gardner, 
Garner,  Gaut,  Gibbs,  Gibson,  Gordon,  Henderson,  Hill  of  Warren, 
Hill  of  Gibson,  House  of  Williamson,  House  of  Davidson,  Robert- 
son and  Montgomery,  Ivie,  Jones  of  Giles,  Kennedy,  Key,  Kirk- 
patrick,  Kyle,  Mabiy,  McDougal,  McNabb,  Martin,  Morris,  Meeks, 
Netherland,  Nicholson,  Porter  of  Hay  wood,  Sample,  Seay,  Staley, 
Thompson  of  Davidson.,  Thompson  of  Maury  and  Turner — 52. 

Those  voting  in  the  negative  are: 

Messrs.  Arledge,  Bate,  Brown  of  Henry,  Carroll,  Gibson  and 
Madison,  Campbell,  Carter,  Cummings,  Deavenport,  Dromgoole, 
Fentress,  Fielder,  Heiskell,  Jones  of  Lincoln,  Porter  of  Henry, 
Shepard,  Shelton,  Stephens,  Taylor,  Warner,  Williamson  and 
Wright— 20. 

On  motion  of  Mr.  TAYLOR  the  Convention  adjourned  until  to- 
morrow morning  at  9J  o'clock. 


FRIDAY  MORNING,  JANUARY  28,  1870. 

The   Convention  met   pursuant   to   adjournment,  Mr.  President 
BROWN  in  the  Chair. 

The  Journal  of  yesterday  was  read,  and  approved. 
The  roll  was  called  for  memorials  and  petitions. 
11 


162 

MEMORIALS, 

Mr.  DIBBRELL  presented  memorials  from  a  member  of  citizens 
of  the  County  of  Sequatchie  praying  that  said  County  be  declared 
a.  Constitutional  County,  which  without  being  read  wel*e  referred  to 
the  Committee  on  New  Counties  and  County  Lines. 

Mr.  FIELDER,  presented  a  memorial  from  a  large  number  of  citi- 
zens, of  Madison,  Gibson,  Haywood  and  Dyer  Counties,  praying 
the  establishment  of  the  County  of  Crockett  out  of  portions  of  said 
Counties,  which,  without  being  read,  was  referred  to  the  Committee 
on  New  Counties  and  County  Lines. 

PROPOSITION    IN    LIEU    OF    THE    REPORTS    OF    THE    MAJORITY    AND 
MINORITY    OF    THE  JUDICIARY  COMMITTEE. 

Mr.  GAUT  presented  the  following  in  lieu  of  the  report  of  the 
majority  and  minority  of  the  Committee  on  the  Judiciary,  which, 
on  motion  of  Mr.  BAXTER,  was  ordered  to  be  laid  on  the  table,  and 
100  copies  printed  for  the  use  of  the  Convention  : 

Resolved,  That  that  the  following  be  received  and  adopted  in  lieu 
of  the  Majority  and  Minority  Reports  of  the  Committee  on  the 
Judiciary  : 

ARTICLE  V. 

IMPEACHMENT. 

First  Section  to  remain  as  in  the  present  Constitution,  to-wit  : 

Section  1.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate;  when 
sitting  for  that  purpose,  the  Senators  shall  be  upon  oath  or  affirma- 
tion, and  the  senior  Judge  of  the  Supreme  Court,  or  if  he  be  on 
trial,  the  senior  of  the  two  remaining  Judges,  shall  preside  over 
them.  No  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  Senators  sworn  to  try  the  officer  impeached. 

Here  follow  Sections  3,  4  and  5,  as  in  the  present  Constitution, 
to-wit : 

Sec.  3.  The  House  of  Representatives  shall  elect,  from  their  own 
body,  three  members,  whose  duty  it  shall  be  to  prosecute  impeach- 
ments. No  impeachment  shall  be  tried  until  the  Legislature  shall 
have  adjourned,  sine  die,  when  the  Senate  shall  proceed  to  try  such 
impeachment. 

Sec.  4.  The  Governor,  Judges  c  f  the  Supreme  Court,  Judges  of 
the  Inferior  Courts,  Chancellors,  Attorneys  for  the  State,  and  Sec- 


163 

rctary  of  State,  shall  be  liable  to  impeachment,  whenever  they  may, 
in  the  opinion  of  the  House  of  Representatives,  commit  any  crime 
in  their  official  capacity  which  may  require  disqualification  ;  but 
judgment  shall  only  extend  to  removal  from  office,  and  disqualifica- 
tion to  fill  any  office  thereafter.  The  party  shall,  nevertheless,  be 
liable  to  indictment,  trial,  judgment  and  punishment  according  to 
law. 

Sec.  o.  Justices  of  the  Peace,  and  other  civil  officers,  not  herein- 
before mentioned,  for  crimes  or  misdemeanors  in  office,  shall  be 
liable  to  indictment  in  such  courts  as  the  Legislature  may  direct ; 
and,  upon  conviction,  shall  be  removed  from  office  by  said  Court,  as 
if  found  guilty  on  impeachment ;  and  shall  be  subject  to  such  other 
punishment  as  may  be  prescribed  by  law, 

ARTICLE  VI. 

JUDICIAL    DEPARTMENT. 

Sec.  1.  The  Judicial  power  of  this  State  shall  be  vested  in  one 
Supreme  Court,  and  in  such  Circuit,  Chancery,  Criminal  and  other 
Inferior  Courts,  as  the  Legislature  shall,  from,  time  to  time,  ordain 
and  establish,  in  the  Judges  thereof  and  in  Justices  of  the  Peace. 

The  2d  and  3d  Sections  as  our  present  Constitution  except  strike 
out  the  word  "eight"  in  the  last  clause  of  Section  3,  and  insert 
twelve,  to- wit : 

Sec.  2.  The  Supreme  Court  shall  be  composed  of  three  Judges, 
one  of  whom  shall  reside  in  each  of  the  grand  divisions  of  the 
State ;  the  concurrence  of  two  of  said  Judges  shall,  in  every  case,  be 
necessary  to  a  decision.  The  jurisdiction  of  this  Court  shall  be  ap- 
pellate only,  under  such  restrictions  and  regulations  as  may,  from 
time  to  time,  be  prescribed  by  law ;  but  it  may  possess  such  other 
jurisdiction  as  is  now  conferred  by  law  on  the  present  Supreme 
Court.  Said  courts  shall  be  held  at  one  place,  and  at  one  place  only, 
in  each  of  the  three  grand  divisions  of  the  State. 

Sec.  3.  The  Judges  of  the  Supreme  Court  shall  be  elected  by  the 
qualified  voters  of  the  State  at  large,  and  the  Judges  of  such  inferi- 
or courts  as  the  Legislature  may  establish  shall  be  elected  by  the 
qualified  voters  residing  within  the  bounds  of  any  district  or  circuit 
to  which  such  inferior  Judge  or  Judges,  either  of  law  or  equity  may 
be  assigned,  by  ballot,  in  the  same  manner  that  members  of  the 
General  Assembly  are  elected.  Courts  may  be  established  to  be 
holden  by  Justices  of  the  Peace.  Judges  of  the  Supreme  Court 
shall  be  thirty-five  years  of  age,  and  shall  be  elected  for  the  term  of 
twelve  years. 

Section  4,  to  remain  as  in  the  present  Constitution,  except  strike 
out  "  eight "  and  insert  ten,  to- wit : 

Sec.  4.  The  Judges  of  such  inferior  courts  as  the  Legislature 


164 

may  establish,,  shall  be  thirty  years  of  age,  and  shall  be  elected  for 
the  term  of  ten  years. 

Sections  5  and  6  as  in  our  Constitution,  to- wit : 

Sec.  5.  An  Attorney  General  for  the  State  shall  be  elected  by  the 
qualified  voters  of  the  State  at  large,  and  the  Attorney  for  the  State 
for  any  circuit  or  district  to  which  a  Judge  of  an  inferior  court  may 
be  assigned,  shall  be  elected  by  the  qualified  voters  within  the 
bounds  of  such  district  or  circuit,  in  the  same  manner  that  members 
to  the  General  Assembly  are  elected ;  all  said  Attorneys,  both  for 
the  State  and  circuit  or  district,  shall  hold  their  offices  for  the  term 
of  six  years.  In  all  cases  where  the  Attorney  for  any  district  fails 
or  refuses  to  attend  and  prosecute  according  to  law,  the  court  shall 
have  power  to  appoint  an  Attorney  pro  tempore. 

Sec.  6.  Judges  and  Attorneys  for  the  State  may  be  removed  from 
office  by  a  concurrent  vote  of  both  Houses  of  the  General  Assembly, 
each  House  voting  separately ;  but  two-thirds  of  all  the  members 
elected  to  each  House  must  concur  in  such  vote ;  the  vote  shall  be 
determined  by  ayes  and  noes,  and  the  names  of  the  members  voting 
for  or  against  the  Judge  or  Attorney  for  the  State,  together  with 
the  cause  or  causes  of  removal,  shall  be  entered  on  the  Journals  of 
each  House  respectively.  The  Judge  or  Attorney  for  the  State, 
against  whom  the  Legislature  may  be  about  to  proceed,  shall  receive 
notice  thereof,  accompanied  with  a  copy  of  the  causes  alleged  for 
his  removal,  at  least  ten  days  before  the  day  on  which  either  House 
of  the  General  Assembly  nhall  act  thereupon. 

Sec.  7.  The  Judges  of  the  Supreme  Court  shall,  at  stated  times, 
receive  a  compensation  for  their  services  to  be  ascertained  by  law, 
which  shall  not  be  less  than  four  thousand  dollars  per  annum.  The 
salaries  of  Circuit  Judges  and  Chancellors,  and  Judges  of  Criminal 
Courts,  shall  be  fixed  by  law,  but  shall  not  in  any  case  be  less  than 
three  thousand  dollars  per  annum.  No  fees  or  perquisites  of  office 
shall  attach  to  the  office  of  Supreme,  Circuit  or  Chancery  Judge,  or 
Judge  of  a  Criminal  Court,  nor  shall  either  of  them  hold  any  other 
office  of  trust  or  profit,  under  this  State  or  the  United  States. 

Sec.  8.  The  jurisdiction  of  the  Circuit,  Chancery  and  other  In- 
ferior Courts  shall  be  as  now  established  by  law  until  changed  by 
the  Legislature. 

Section  9  as  in  the  present  Constitution,  to-wit : 

Sec.  9.  Judges  shall  not  charge  juries  with  respect  to  matters  of 
fact,  but  may  state  the  testimony  and  declare  the  law. 

Sec.  10.  The  Judges  of  Inferior  Courts  of  Law  and  Equity,  shall 
have  power  in  civil  cases  to  issue  writs  of  certiorari,  to  remove  any 
cause  or  the  transcript  of  the  record  thereof  from  any  inferior  juris- 
diction into  such  court,  on  sufficient  cause  supported  by  oath  or 
affirmation. 

Sec.  11.  No  Judge  of  the  Supreme  or  Inferior  Courts  shall  pre- 
side on  the  trial  of  any  cause  in  the  event  of  which  he  may  be  in- 


165 

terested,  or  where  either  of  the  parties  shall  be  connected  with  him 
by  affinity  or  consanguinity  within  such  degrees  as  may  be  prescrib- 
ed by  law,  or  in  which  he  may  have  been  of  counsel,  or  in  which 
lie  may  have  presided  in  an  inferior  court,  except  by  the  consent  of 
all  the  parties.  In  case  all  or  any  of  the  Judges  of  the  Supreme  Court 
shall  be  thus  disqualified  from  presiding  on  the  trial  of  any  cause  or 
causes,  the  Court  or  the  Judges  thereof  shall  certify  the  same  to  the 
Governor  of  the  State,  and  he  shall  forthwith  specially  commission 
the  requisite  number  of  men  of  law  knowledge  for  the  trial  and  de- 
termination thereof. 

The  Legislature  may  by  general  laws  make  provision  that  Special 
Judges  may  be  appointed  to  hold  any  courts,  the  Judges  of  which 
shall  be  unable,  or  fail  to  attend  or  sit;  or  to  hear  any  cause  in 
which  the  Judge  may  be  incompetent. 

Sections  12,  13,  14  and  15,  as  in  the  present  Constitution,  to-wit : 

Sec.  12.  All  writs  and  other  process  shall  run  in  the  name  of  the  State 
of  Tennessee,  and  bear  test  and  be  signed  by  the  respective  Clerks. 
Indictments  shall  conclude,  "  against  the  peace  and  dignity  of  the 
State." 

Sec,  13.  Judges  of  the  Supreme  Court  shall  appoint  their  Clerks, 
who  shall  hold  their  offices  for  six  years.  Chancellors  (if  Courts 
of  Chancery  shall  be  established)  shall  appoint  their  Clerks  and 
Masters,  who  shall  hold  their  offices  for  a  period  of  six  years. 
Clerks  of  such  inferior  courts,  as  may  be  hereafter  established,  which 
shall  be  required  to  be  holden  in  the  respective  counties  of  this  State, 
shall  be  elected  by  the  qualified  voters  thereof,  for  the  term  of  four 
years  ;  they  shall  be  removed  from  office  for  malfeasance,  incompeten- 
cy,  or  neglect  of  duty,  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  14.  No  fine  shall  be  laid  on  any  citizen  of  this  State  that  shall 
•exceed  fifty  dollars,  unless  it  shall  be  assessed  by  a  jury  of  his  peers, 
who  shall  assess  the  fine  at  the  time  they  find  the  fact,  if  they  think 
the  fine  should  be  more  than  fifty  dollars* 

Sec.  15.  The  different  counties  of  this  State  shall  be  laid  off,  as 
the  General  Assembly  may  direct,  into  districts  of  convenient  size, 
so  that  the  whole  number  in  each  county  shall  not  be  more  than 
twenty-five,  or  four  for  every  one  hundred  square  miles.  There 
shall  be  two  Justices  of  the  Peace  and  one  Constable  elected  in  each 
district,  by  the  qualified  voters  therein,  except  districts  including 
county  towns,  which  shall  elect  three  Justices  and  two  Constables. 
The  jurisdiction  of  said  officers  shall  be  co-extensive  with  the  countv. 
Justices  of  the  Peace  shall  be  elected  for  the  term  of  six,  and  Con- 
stables for  the  term  of  two  years.  Upon  the  removal  of  either  of 
said  officers  from  the  district  in  which  he  was  elected,  his  office  shall 
become  vacant  from  the  time  of  such  removal.  Justices  of  the 
Peace  shall  be  commissioned  by  the  Governor.  The  Legislature 
shall  have  power  to  provide  for  the  appointment  of  an  additional 
number  of  Justices  of  the  Peace  in  incorporated  to\vns. 


166 


SCHEDULE. 

To  meet  present  emergencies,  and  relieve  the  dockets  of  the  Su- 
preme Court  of  the  great  accumulation  of  causes  now  upon  them,  it 
shall  be  the  duty  of  the  Governor  of  the  State,  immediately  after 
the  ratification  of  the  amended  Constitution,  to  appoint  two  addi- 
tional Supreme  Judges,  who,  together  with  the  present  Supreme 
Judges  or  their  successors,  shall  compose  the  Supreme  Court  of  the 
State,  for  the  time  being — who  shall  sit  together  and  try  causes— 
the  concurrence  of  three  being  necessary  to  a  decision.  Said  two 
additional  Supreme  Judges  shall  receive,  each,  the  same  compensa- 
tion as  each  one  of  the  other  three  Judges.  And  said  five  Supreme 
Judges  shall  hold  their  office  until  the  first  election  for  Supreme 
Judges  under  this  schedule.  At  the  first  election  of  Supreme 
Judges  under  this  schedule,  and  forever  thereafter,  only  three  Su- 
preme Judges  shall  be  elected,  as  provided  for  in  Section  3,  Article 
VI,  of  this  Constitution. 

That  no  inconveniencies  may  arise  from  a  change  of  the  Consti- 
tution, it  is  declared  that  all  civil  officers  of  this  State,  except  the 
Attorney-General  and  Reporter  for  the  State,  the  several  District 
Attorneys-General,  and  the  Judges  of  the  several  courts,  shall  hold 
their  respective  offices  until  the  expiration  of  the  present  term  of 
service. 

The  present  Supreme  Judges  and  those  to  be  appointed  by  the 
Governor,  also  the  Circuit  Judges  and  Chancellors,  and  Judges  of 
Criminal  Courts  and  other  inferior  courts,  shall  hold  their  office  un- 
til their  successors  are  elected  under  this  schedule.  The  present 
Attorney-General  and  Reporter,  and  the  several  District  Attorneys- 
General,  shall  hold  their  office  until  their  successors  are  elected  un- 
der this  schedule. 

The  first  election  for  Circuit  Judges  and  Chancellors  and  Judges 
of  Criminal  Courts,  and  District  Attorneys-General,  shall  be  held 

on   the day  of ,  1870,  by  the  Sheriffs  of  the   several 

counties,  in  the  manner  prescribed  by  the  Code  of  Tennessee. 

The  first  election  for  Judges  of  the  Supreme  Court  and  for  an 
Attorney-General  and  Reporter  for  the  State,  shall  be  held  on  the 
first  Tuesday  of  May,  1872. 

MEMORIAL. 

Mr.  JONES,  of  Lincoln,  presented  a  memorial  from  sundry  citi- 
zens, praying  the  creation  of  a  new  county  out  of  portions  of  Lin- 
coln, Franklin  and  Bedford  Counties;  which,  without  being  read, 
was  referred  to  the  Committee  on  New  Counties  and  County 
Lines. 

Mr.  TURNER,,  from  the  Committee  on  Miscellaneous   Provisions, 


167 

nuule  the  following  report,  which,  on  motion  of  Mr.  TAYLOR,  was 
ordered  to  be  laid  on  the  table,  and  100  copies  printed  for  the  use 

•  >f  the  Convention  : 

REPORT  ON  MISCELLANEOUS  MATTERS. 

Mu.  PIIKSIDENT:  The  Committee  on  Miscellaneous  Provisions, 
having  under  consideration  the  various  subjects  referred  to  them, 
instruct  me  to  report  the  following  amendments,  and  recommend 
rlu-ir  adoption.  The  Committee  ask  to  be  discharged  from  the  con- 
sideration of  those  questions  not  reported  upon  : 

Taking  up  Article  XI,  I  am  instructed  to  recommend  that  said 
A  rticle  be  amended  as  follows  : 

At  the  end  of  Section  3,  add  as  follows : 

"  The  Legislature  shall  have  the  right,  at  any  time,  by  law,  to 
submit  to  the  people  the  question  of  calling  a  Convention  to  alter, 
reform  or  abolish  this  Constitution,  and  when,  upon  such  submis- 
sion, a  majority  of  all  the  votes  cast  shall  be  in  favor  of  said  prop- 

•  >sitioii,  then   delegates  shall  be  chosen,  and   the  Convention  shall 
:/.ssc,inble  in  such  mode  and  manner  as  shall  be  prescribed." 

After  Section  5,  add  a  section  as  follows  : 

Sec.  — .    "  The  Legislature  shall    have  no  power  to  change  the 
names  of  persons,  or  to  pass  Acts  adopting  or  legitimating  persons, 
but  shall,  by  gejneral  laws,  confer  this  power  on  the  courts." 
After  Section  11,  insert  a  section  as  follows  : 

Sec.  — .  "No  member  of  the  Legislature  nor  Convention,  or  ju- 
dicial officer  of  this  State  shall  receive,  while  in  office,  either  di- 
rectly or  indirectly,  any  gift,  gratuity,  fee  or  reward  from  any  per- 
son or  corporation,  otherwise  than  by  the  general  law  of  the  land." 
After  the  last  Section,  insert  the  following  Section : 
Sec. — .  "A  homestead,  in  the  hands  of  each  head  of  a  family, 
in  this  State,  occupied  as  a  residence,  together  with  all  the  improve- 
ments on  the  same,  to  the  value  of  not  less  than  one  thousand  dol- 
lars, shall  be  exempt  from  forced  sale  under  any  process  of  law 
during  the  lifetime  of  such  head  of  a  family,  and  the  minority  of 
his  or  her  children,  and  shall  not  be  alienated  without  the  joint  con- 
sent of  husband  and  wife,  when  that  relation  exists  ;  but  no  property 
shall  be  exempt  from  sale  for  taxes  or  for  the  payment  of  obliga- 
tions contracted  for  the  purchase  of  said  premises,  or  for  the  erection 
of  improvements  thereon. 

"  The  Legislature   may  increase  the  amount  of  this  exemption." 
After  the  last  Section  insert  the  following  Section : 
Sco.  — .  "  The  intermarriage  of  white  persons  with  negroes,  mu- 
lattoes,  or  persons  of  mixed  blood,  descended  from   a  negro  to  the 
third  generation,  inclusive,  is  prohibited." 


168 

"  The  Legislature  shall  enforce  this  section  by  appropriate  legis- 
lation." 

I  am  instructed  to  report  an  amendment  to  Article  II,  Section 
25,  so  as  to  make  it  read  as  follows  : 

"  No  person  who  heretofore  hath  been,  or  may  hereafter  be  a  col- 
lector or  holder  of  public  moneys,  shall  hold  any  civil  office  under 
this  State,  until  such  person  shall  have  accounted  for  and  paid  into 
the  Treasury  all  sums  for  which  he  may  be  accountable  or  liable." 

I  am  instructed  to  report  the  following  section,  in  lieu  of  Article 
VII,  Section  1,  so  as  to  make  the  office  of  Trustee  a  Legislative 
office,  if  the  same  shall  be  retained  by  them,  instead  of  having  it  a 
Constitutional  office. 

Section  1.  "  There  shall  be  elected  in  each  county,  by  the  quali- 
fied voters  therein,  one  Sheriff  and  one  Register — the  Sheriff  for 
two  years,  and  the  Register  for  four  years ;  Provided,  that  no  per- 
son shall  be  eligible  to  the  office  of  Sheriff  more  than  six  years  in 
any  term  of  eight  years." 

"  There  shall  be  elected  for  each  county,  by  the  Justices  of  the 
Peace,  one  Coroner  and  one  Ranger,  who  shall  hold  their  offices  for 
two  years.  Said  officers  shall  be  removed  for  malfeasance,  or  ne- 
glect of  duty,  in  such  manner  as  may  be  prescribed  by  law." 

A  portion  of  the  Committee  differ  with  a  majority  as  to  a  portion 
of  the  propositions  before  them,  but  agree  to  the  greater  part  of  the 
report. 

Respectfully  submitted, 

JAMES  J.  TURNER, 

Chairman. 

LEAVES  OF  ABSENCE. 

On  motion  of  Mr.  STEPHENS,  leave  of  absence  was  granted  Mr. 
Hill,  of  Gibson,  for  to-morrow. 

On  motion  of  Mr.  TUENEE,  leave  of  absence  was  granted  Mr. 
Seay  for  to-morrow. 

On  motion  of  Mr.  BuETON,  leave  of  absence  for  to-morrow  was 
granted  to  Mr.  Arledge. 

SPECIAL  OEDEE. 

On  motion  of  Mr,  HEISKELL,  the  report  of  the  Judiciary  Com- 
mittee was  made  the  special  order  for  Tuesday  next. 

THE  ELECTIYE   FRANCHISE    FURTHEE    CONSIDEEED. 

The  Convention  proceeded  to  the  consideration  of  the  unfinished 


169 

business  of  yesterday — the  report  of  the  Committee  on  Franchise. 

Mr.  STALEY  offered  the  following  amendment : 

That  all  parts  of  the  report  of  the  majority  of  the  Committee  on 
Elections  and  Elective  Franchise  contained  in  Article -IV,  Section 
1,  as  recommended  by  said  Committee,  beginning  with  the  word 
"  and"  in  the  6th  line,  and  ending  with  the  word  "  received"  in  the 
9th  line  be  stricken  out. 

The  foregoing  amendment  having  been  acted  on  in  a  different 
form,  was  not  urged  by  Mr.  Staley. 

Mr.  STEPHENS  offered  the  following  in  lieu  of  Section  1,  Article 
IV,  as  reported  by  the  Committee  on  Elections : 

ARTICLE   IV. 

Section  1.  Every  male  person  of  the  age  of  twenty-one  years, 
being  a  citizen  of  the  United  States,  and  of  the  county  wherein  he 
may  offer  his  vote  for  one  year  next  preceediug  the  day  of  election, 
and  a  resident  in  the  civil  district  wherein  he  may  offer  his  vote 
for  six  months  next  preceding  the  day  of  election,  shall  be  entitled 
to  vote  for  members  of  the  General  Assembly  and  other  civil  officers 
of  the  county  or  district  in  which  he  may  reside.  Each  voter  shall 
give  to  the  Judges  of  election  satisfactory  evidence  that  he  has  paid 
all  poll  taxes  due  by  him  up  to  some  preceding  period  to  be  fixed 
by  the  Legislature  :  without  which  his  vote  cannot  be  received. 

All  male  citizens  of  the  State  shall  be  subject  to  the  payment  of 
poll  taxes  and  to  the  performance  of  military  duty,  within  such 
ages  as  may  be  prescribed  by  law.  The  Legislature  shall  pass  laws 
securing  the  freedom  of  elections  and  the  purity  of  the  ballot  box. 

Mr.  STEPHENS  subsequently  withdrew  his  amendment. 

Mr.  JONES,  of  Lincoln,  submitted  the  following  amendment : 

Strike  out  all  after  the  word  "  except"  in  the  seventh  line,  to  and 
including  the  word  "  received"  in  the  ninth  line,  and  insert  as  here- 
in prescribed,  and  the  right  to  vote  shall  be  determined  by  the 
Judges  of  the  election  without  a  tax  receipt  or  certificate  of  .regis- 
tration. 

Mr.  HEISKELL  moved  to  lay  the  amendment  of  Mr.  Jones  on  the 
table. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays,  which  were 
ordered,  and  the  motion  to  lay  on  the  table  sustained. 

Yeas 45 

Kays 28 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Brandon,  Brown  of  Davidson,  Brown  of 


170 

Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell,  Coffin,  Cypert, 
Deaderick,  Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Fielder, 
Gardner,  Garner,  Gibbs,  Gordon,  Heiskell,  Henderson,  Hill  of 
Gibson,  House  of  Williamson,  House  of  Davidson,  Robertson  and 
Montgomery,  Ivie,  Jones  of  Giles,  Kennedy,  Key,  Kirk  pat  rick, 
Mabry,  McDougal,  Meeks,  Nicholson,  Porter  of  Haywood,  Porter 
of  Henry,  Seay,  Shepard,  Shelton,  Stephens,  Thompson  of  David- 
son, Thompson  of  Maury,  Turner  and  Wright — 45. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Blizard,  Branson,  Brit  ton,  Brooks,  Carter, 
Chowning,  Cummings,  Finley,  Fentress,  Fulkerson,  Gaut,  Gibson, 
Hill  of  Warren,  Jones  of  Lincoln,  Kyle,  McNabb,  Martin,  Morris, 
Netherland,  Parker,  Sample,  Staley,  Taylor,  Walters,  Warner  and 
Williamson— 28. 


LEAVE  TO  VOTE. 

Mr.  President  BROWN,  in  accordance  with  leave  granted  on  yes- 
terday, recorded  his  vote  against  the  amendment  in  lieu  of  the  ma- 
jority report  of  the  Committee  on  Franchise,  offered  by  Mr.  Jones, 
of  Lincoln. 

Mr.  WALTERS  was  granted  leave  to  record  his  vote  on  the  same 
proposition. 

ELECTIVE    FRANCHISE  RESUMED. 

Mr.  HEISKELL  offered  the  following  amendment  i 
Article  IV.    In  third  line  strike  out  the  word  "  six"  and  insert 
"  twelve." 

On  motion  of  Mr.  SEAY  the  amendment  was  laid  on  the  table. 

Mr.  PORTER,  of  Henry,  submitted  the  following  amendment: 
Every  male  person  of  the  age  of  twenty-one  years,  being  a  citi- 
zen of  the  United  States,  and  a  citizen  of  the  county  wherein  he 
may  offer  his  vote  six  months  next  preceding  the  day  of  election 
shall  be  a  voter ;  but  such  voter  shall  have  been  for  thirty  days 
next  preceding  the  election,  a  resident  of  the  precinct  or  ward  in 
which  he  offers  to  vote,  and  he  shall  vote  in  said  precinct  or  ward, 
and  not  elsewhere.  And  there  shall  be  no  further  qualification  at- 
tached to  the  right  of  suffrage.  All  male  citizens  of  the  State  shall 
be  subject  to  the  payment  of  poll  taxes  and  to  the  performance  of 
military  duty,  and  the  General  Assembly  shall  prescribe  bylaw  the 
ages  within  which  military  service  shall  be  rendered. 


171 

Mr.  SEAY  offered  the  following  in  lieu  of  Mr.  Porter's  amend- 
ment : 

Jtcxolced,  That  Article  IV,  Section  l,as  reported  by  the  majority 
of  the  Committee  on  Elections  and  Elective  Franchise,  be  amended 
by  striking  out  all  after  the  words  "  shall  be  "  in  the  fourth  line,  to 
the  word  "resides  "  in  the  fifth  line,  inclusive,  and  insert  the  words 
••  <\  rofcr"  so  that  the  first  five  lines  of  said  Article  and  Section  shall 
read  as  follows :  "  Every  man  of  the  age  of  twenty-one  years,  being 
a  citizen  of  the  United  States,  and  a  citizen  of  the  county  wherein 
lie  may  offer  his  vote,  six  months  next  preceding  the  day  of  election, 
."••hall  be  a  voter." 

Mr.  FULKERSON  moved  to  lay  the  amendment  on  the  table. 
Mr.  SEAY  demanded  the  yeas  and  nays,  which  were  ordered,  and 
the  motion  to  lay  on  the  table  sustained. 

Yeas 62 

Nays 11 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Blizard,  Branson,  Brandon,  Britton, 
Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Byrne, 
Campbell,  Carter,  Chowning,  Coffin,  Cummings,  Cypert,  Deader- 
ick,  Deavenport,  Doherty,  Dromgoole,  Fielder,  Finley,  Fulkerson, 
( rarner,  Gaut,  Gibbs,  Gibson,  Gordon,  Heiskell,  Henderson,  Hill  of 
Gibson,  House  of  Williamson,  House  of  Davidson,  Robertson  and 
Montgomery,  I  vie,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy, 
Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal,  McNabb,  Morris, 
Mceks,  Netnerland,  Nicholson,  Parker,  Porter  of  Henry,  Sample, 
Shepard,  Shelton,  Staley,  Stephens,  Taylor,  Thompson  of  Davidson, 
Turner,  Walters,  Wrarner,  Williamson  and  Wright — 62. 

Those  voting  in  the  negative  are : 

Messrs.  Xrledge,  Bate,  Burton,  Dibbrell,  Fentress,  Gardner,  Hill 
of  Warren,  Martin,  Porter  of  Haywood,  Seay,  and  Thompson  of 
Maury — 11. 

Mr.  BAXTER  moved  to  lay  the  amendment  of  Mr.  Porter,  of 
Henry,  on  the  table. 

Mr.  TAYLOR  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 47 

Nays 26 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Brown  of  David- 
son, Burkett,  Burton,  Byrne,  Campbell,  Chowning,  Coffin,  Cypert, 
Deaderick,  Deavenport,  Doherty,  Dromgoole,  Fielder,  Gardner, 


172 

Garner,  Gaut,  Gibson,  Gordon,  Heiskell,  Henderson,  House  of 
Williamson,  House  of  Davidson,  Robertson  and  Montgomery,  Jones 
of  Giles,  Kennedy,  Key,  Kirkpatrick,  Mabry,  McDougal,  Meeks, 
Netherland,  Nicholson,  Parker,  Sample,  Seay,  Shepard,  Shelton, 
Stephens,  Thompson  of  Davidson,  Thompson  of  Maury,  Turner, 
Walters  and  Warner — 47. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Branson,  Britton,  Brooks,  Brown  of  Henry, 
etc.,  Carter,  Cummings,  Dibbrell,  Fentress,  Finley,  Fulkerson, 
Gibbs,  Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Jones  of  Lincoln, 
Kyle,  McNabb,  Martin,  Morris,  Porter  of  Hay  wood,  Porter  of 
Henry,  Staley,  Taylor,  Williamson  and  Wright — 26. 

The  Convention  took  a  recess  until  2J  o'clock  P.  M. 


AFTERNOON  SESSION. 

Mr.  President  BROWN  called  the  Convention  to  order  at  2J 
o'clock  P.  M. 

Mr.  HEISKELL  submitted  the  following  amendment  to  the  report 
of  the  majority  of  the  Committee  on  Franchise,  which  was  adopted 
by  the  Convention  : 

AMENDMENT  IN   SECOND    LINE. 

After  the  words  "  citizen  of  the  United  States  and  a  "  strike  out 
"  citizen,"  and  insert  "  resident  of  this  State  for  twelve  months,  and," 
so  as  to  read,  "  Being  a  citizen  of  the  United  States  and  resident  of 
this  State  for  twelve  months,  and  of  the  county/7  etc. 

Mr.  KENNEDY  offered  the  following  amendment : 
After  the  word  "  months,"  in  third  line,  insert  "  and  of  the  elec- 
tion district  or  ward  sixty  days." 

Mr.  NICHOLSON  moved  to  amend  the  amendment  by  striking  out 
"  sixty  "  and  inserting  "  thirty,"  which  was  accepted  by  Mr.  Ken- 
nedy. 

Mr.  BUETON  moved  to  lay  the  amendment  on  the  table. 


173 

Mr.  Cypert  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  was  sustained. 

Yeas 45 

Nays 24 

Those  voting  in  the  affirmative  are : 

Messrs.  Baxter,  Blizard,  Branson,  Britton,  Burkett,  Burton, 
Carter,  Coffin,  Cummings,  Cypert,  Deaderick,  Deavenport,  Dib- 
brell,  Doherty,  Finley,  Fulkerson,  Gaut,  Gibbs,  Gibson,  Gordon, 
Henderson,  Hill  of  Warren,  House  of  Williamson,  Ivie,  Jones 
of  Lincoln,  Key,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin, 
Morris,  Meeks,  Netherland,  Nicholson,  Parker,  Sample,  Seay, 
Shepard,  Staley,  Taylor,  Walters,  Warner,  Williamson  and  Wright 
— 45. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Brandon,  Brooks,  Brown  of  Davidson,  Brown  of 
Henry,  etc.,  Byrne,  Campbell,  Chowning,  Dromgoole,  Fentress, 
Fielder,  Gardner,  Garner,  Heiskell,  House  of  Davidson,  Robertson 
and  Montgomery,  Jones  of  Giles,  Kennedy,  McDougal,  Porter  of 
I  lay  wood,  Porter  of  Henry,  Shelton,  Stephens,  Thompson  of  David- 
son and  Turner — 24. 

Mr.  GIBSON  offered  the  following  amendment : 

Strike  out  all  between  the  words  "  suffrage,"  in  the  6th  line,  and 
the  word  "  provided,"  in  the  12th  line,  and  insert  the  word  "  other" 
after  the  word  "  no  "  in  the  6th  line,  so  that  the  section  shall  read 
thus  : 

Sec.  1st.  Every  man  of  the  age  of  twenty-one  years,  being  a  citi- 
zen of  the  United  States  and  a  citizen  of  the  county  wherein  he 
may  offer  his  vote  six  months  next  preceding  the  day  of  election, 
shall  be  entitled  to  vote  for  members  of  the  General  Assembly  and 
other  civil  officers  for  the  county  or  district  in  which  he  resides, 
and  there  shall  be  no  other  qualification  attached  to  the  right  of 
suffrage :  Provided,  That  the  General  Assembly  shall  have  power 
to  enact  laws  requiring  voters  to  vote  in  the  election  precincts  in 
which  they  may  reside,  and  laws  to  secure  the  freedom  of  elections 
and  the  purity  of  the  ballot-box. 

The  amendment  was  ruled  out  of  order,  as  another  proposition, 
embracing  the  same  in  substance,  had  been  voted  on  and  rejected. 

Mr.  GIBSON  moved  to  reconsider  the  vote  laying  the  amendment 
of  Mr.  Jones  of  Lincoln,  on  the  table. 

Mr.  KENNEDY  moved  to  lay  the  motion  to  reconsider  on  the 
table. 

Mr.  GIBSON  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  was  sustained. 


174 

Yeas.. 40 

Nays, 27 

Those  voting  in  the  affirmative  are  : 

Messss.  Bate,  Baxter,  Blizard,  Brandon,  Brown  of  Davidson, 
Bnrkett,  Barton,  Byrne,  Campbell,  Coffin,  Cu minings,  Deaderiek, 
Dea  ven  port,  Dibbrell,  Doherty,  Dromgoole,  Fielder,  Gardner, 
Garner,  Gordon,  Heiskell,  Henderson,  House  of  Williamson,  House 
of  Davidson,  Robertson  and  Montgomery,  Jones  of  Giles,  Ken- 
nedy, Key,  Kirkpatrick,  McDougal,  Meeks,  Nicholson,  Porter  of 
Haywood,  Seay,  Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of 
Davidson,  Turner  and  Walters — 40. 

Those  voting  in  the  negative  are : 

Messrs.  Branson,  Britton,  Brooks,  Brown  of  Henry,  Carroll, 
Gibson  and  Madison,  Carter,  Chowning,  Cypert,  Fin  ley,  Fulkerson, 
Gaut,  Gibbs,  Gibson,  Hill  of  Warren,  Ivie,  Jones  of  Lincoln,  Kyle, 
Mabry,  McNabb.  Martin,  Netherland,  Parker,  Porter  of  Henry, 
Sample,  Staley,  Warner,  Williamson  and  Wright — 27. 

Mr.  HEISKELL  offered  the  following  amendment : 
In  the  9th  line  strike  out  the  words  "  then  due  by  him,"  and  in- 
sert, "  For  such  preceding  period  as  the  Legislature  shall  prescribe." 
Which  was  adopted. 

Mr.  HEISKELL  submitted  the  following  amendment : 

In  the  9th  line,  after  the  words  of  last  amendment,  insert,  "And 

at  such  time  as  may  be  prescribed  by  law."     Which  was  adopted 

by  the  Convention. 

Mr.  WARNER  moved  to  amend  by  striking  out  the  word  "  poll  " 
wherever  it  occurs  in  the  report  of  the  majority,  etc. 

Mr.  HOUSE  of  Davidson,  Robertson  and  Montgomery,  moved  to 
lay  the  motion  on  the  table. 

Mr.  WARNER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 54 

Nays 14 

Those  voting  in  the  affirmative  are  : 

Messrs.  Bate,  Baxter,  Blizard,  Brandon,  Britton,  Brown  of 
Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Camp- 
bell, Carter,  Chowning,  Coffin,  Cummings,  Cypert,  Deaderiek, 
Deavenport,  Dibbreli,  Doherty,  Dromgoole,  Fentress,  Fielder, 
Fulkerson,  Gardner,  Garner,  Gaut,  Gibbs,  Gordon,  Heiskell,  Hen- 
derson, House  of  Williamson,  House  of  Davidson,  Eobertson  and 
Montgomery,  Ivie,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick, 
Kyle,  Mabry,  McDougal,  McNabb,  Meeks,  Nicholson,  Porter  of 


175 

Hay  wood,  Seay,  Shepard,  Shelton,  Staley,  Stephens,  Taylor,  Turner, 
Walters  and  Wright — 54. 

Those  voting  in  the  negative  are : 

Messrs.  Branson,  Brooks,  Finley,  Gibson,  Hill  of  Warren,  Jones 
of  Lincoln,  Martin,  Netherland,  Parker,  Porter  of  Henry,  Sample, 
Thompson  of  Davidson  Warner,  and  Williamson — 14. 

Mr.  KKXXEDY  submitted  the  following  amendment: 
Strike  out  the  words  "  laws  requiring  voters  to  vote  in  the  elec- 
tion precincts  in  which  they  may  reside,"  and  insert  at  end  of  the 
5th  line,  "  who  shall  vote  in  the  district  or  ward  in  which  they  may 
reside", 

Mr.  CYPERT  moved  to  lay  the  amendment  on  the  table,  and  de- 
manded the  yeas  and  nays  on  his  motion,  which  were  ordered,  and 
the  motion  to  lay  on  the  table  sustained. 

Yeas 45 

Kays 23 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Baxter,  Blizard,  Branson,  Britton,  Burkctt,  Bur- 
ton, Byrne,  Carter,  Coffin,  Cummings,  Cypert,  Deaderick,  Deaven- 
port,  Dibbrell,  Dromgoole,  Fen  tress,  Finley,  Fulkerson,  Gibbs, 
Gibson,  Gordon,  Henderson,  House  of  Williamson,  Ivie,  Jones  of 
Lincoln,  Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal,  McNabb, 
Martin,  Meeks,  Netherland,  Nicholson,  Parker,  Sample,  Seay, 
Shepard,  Staley,  Taylor,  Walters,  Warner  and  Williamson — 45. 

Those  voting  in  the  negative  are  : 

Messrs.  Brandon,  Brooks,  Brown  of  Davidson,  Brown  of  Henry, 
Carroll,  Gibson  and  Madison,  Campbell,  Chowning,  Doherty, 
Fielder,  Gardner,  Garner,  Gaut,  Heiskell,  Hill  of  Warren,  House 
of  Davidson,  Robertson  and  Montgomery,  Jones  of  Giles,  Ken- 
nedy, Porter  of  Haywood,  Porter  of  Henry,  Shelton,  Stephens, 
Thompson  of  Davidson,  Turner  and  Wright — 23. 

Mr.  COFFIN  submitted  the  following  amendment : 

ARTICLE    IV. 

Section  1.  Every  man  of  the  age  of  twenty-one  years,  being  a 
citizen  of  the  United  States,  and  a  citizen  of  the  State  twelve 
months,  and  of  the  county  wherein  he  may  offer  his  vote  six 
months  next  preceding  the  day  of  election,  shall  be  a  voter,  and 
may  be  required  by  law  to  give  to  the  Judges  of  election,  where  he 
offers  to  vote,  satisfactory  evidence  that  he  has  paid  the  poll-tax 
then  due  by  him,  without  which  his  vote  cannot  be  received,  and 
all  male  citizens,  etc.,  as  in  report  of  Committee. 


176 

Mr.  FULKERSON  moved  to  amend  the  amendment  by  striking 
out  the  word  "  may  "  and  inserting  "  shall." 

Mr.  PORTER,  of  Hay  wood,  moved  to  lay  the  amendment  on  the 
table. 

Mr.  COFFIN  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 41 

Nays... 25 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Baxter,  Brandon,  Brooks,,  Brown  of  Davidson, 
Burkett,  Burton,  Campbell,  Carter,  Chowning,  Cummings,  Deader- 
ick,  Dibbrell,  Doherty,  Dromgoole,  Fielder,  Gardner,  Garner,  Gaut, 
Gordon,  Heiskell,  Henderson,  House  of  Williamson,  House  of 
Davidson,  Kobertson  and  Montgomery,  Jones  of  Giles,  Kennedy. 
Key,  Kirkpatrick,  McDougal,  McNabb,  Meeks,  Nicholson,  Porter 
of  Hay  wood,  Porter  of  Henry,  Seay,  Shepard,  Shelton,  Stephens, 
Thompson  of  Davidson,  Turner  and  Wright — 41. 

Those  voting  in  the  negative  are  : 

Messrs.  Blizard,  Branson,  Britton,  Brown  of  Henry,  etc.,  Byrne,. 
Coffin,  Cypert,  Deavenport,  Fentress,  Finley,  Fulkerson,  Gibbs, 
Gibson,  Hill  of  Warren,  Ivie,  Kyle,  Mabry,  Martin,  Netherland, 
Parker,  Sample,  Staley,  Taylor,  Walters  and  Warner — 25. 

Messrs.  JONES,  of  Lincoln,  and  WILLIAMSON,  were  excused  by 
the  Convention  from  voting  on  the  foregoing  proposition. 

Mr.  BURTON  moved  to  amend  by  striking  out  the  word  "  man  " 
in  the  first  line  and  inserting  the  words  "  male  person." 

Mr.  NICHOLSON  demanded  the  previous  question,  which  demand 
was  sustained. 

The  vote  was  taken,  and  Mr.  BURTON'S  amendment  adopted. 

Article  IV,  as  amended,  reads  as  follows  : 

Every  male  person  of  the  age  of  twenty-one  years,  being  a  citi- 
zen of  the  United  States,  and  a  resident  of  this  State  for  twelve 
months,  and  of  the  county  wherein  he  may  offer  his  vote  six  months 
next  preceding  the  day  of  election,  shall  be  entitled  to  vote  for 
members  of  the  General  Assembly  and  other  civil  officers  for  the 
county  or  district  in  which  he  resides,  and  there  shall  be  no  qual- 
ification attached  to  the  right  of  suffrage,  except  that  each  voter 
shall  give  to  the  Judges  of  election,  where  he  offers  to  vote,  satis- 
factory evidence  that  he  has  paid  the  poll-taxes  for  such  preceding 
period  as  the  Legislature  shall  prescribe,  and  at  such  time  as  may 
be  prescribed  by  law,  without  which  his  vote  cannot  be  received, 


177 

and  all  male  citizens  of  the  State  shall  be  subject  to  the  payment  of 
poll-taxes  and  to  the  performance  of  military  duty,  within  such 
ages  as  may  be  prescribed  by  law  ;  Provided,  That  the  General  As- 
sembly shall  have  power  to  enact  laws  requiring  voters  to  vote  in 
the  election  precincts  in  which  they  may  reside,  and  laws  to  secure 
the  freedom  of  elections  and  the  purity  of  the  ballot-box. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  on  the 
adoption  of  the  Article  as  amended,  which  were  ordered,  and  the 
Article  adopted : 

Yeas: 56 

Nays 18 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Britton,  *  Brown 
of  Davidson,  Burkett,  Burton,  Byrne,  Coffin,  Chowning,  Cum- 
mings,  Cypert,  Deaderick,  Deavenport,  Pibbrell,  Doherty,  Drom- 
goole,  Fielder,  Fulkerson,  Gardner,  Garner,  Gaut,  Gibbs,  Gordon, 
Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of 
Williamson,  House  of  Davidson,  Robertson  and  Montgomery,  Ivie, 
Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle,  McDougal,  Mc- 
Nabb,  Martin,  Morris,  Meeks,  Netherland,  Nicholson,  Porter  of 
Hay  wood,  Seay,  Shelton,  Stephens,  Thompson  of  Davidson,  Thomp- 
son of  Maury,  Turner,  Warner,  Walters,  Wright  and  President 
Brown — 56. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Branson,  Brooks,  Brown  of  Henry,  etc.,  Camp- 
bell, Carter,  Fentress,  Finley,  Gibson,  Jones  of  Lincoln,  Mabry, 
Parker,  Porter  of  Henry,  Sample,  Shepard,  Staley,  Taylor  and 
Williamson — 18. 

Mr.  NICHOLSON  moved  to  reconsider  the  vote  adopting  said  Ar- 
ticle IV,  and  moved  to  lay  the  motion  to  reconsider  on  the  table, 
which  latter  motion  was  sustained. 

The  Convention,  on  motion,  adjourned  until  to-morrow  morning 
at  9J  o'clock. 

12 


178 


SATURDAY  MORNING,  JANUARY  29,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  SAMPLE,  a  member  of  this  body. 
The  Journal  of  yesterday  was  read  and  approved. 

LEAVE  TO  VOTE. 

Mr.  ALLEN  asked  and  obtained  leave  to  record  his  vote  in  favor 
of  Article  IV,  adopted  on  yesterday. 

Mr.  THOMPSON,  of  Maury,  was,  on  his  motion,  allowed  to  record 
his  vote  in  favor  of  Article  IV. 

CHANGE  OF  VOTES. 

Mr.  McNABB  asked  and  obtained  leave  to  change  his  vote  on 
Article  IV,  he  having  voted  in  the  negative  on  yesterday. 

Mr.  WALTERS  asked  and  obtained  leave  to  change  his  vote  on 
Article  IV,  he  having  voted  in  the  negative  under  a  misappre- 
hension. 

PROTEST. 

Mr.  STALEY  presented  the  following  protest  against  the  action 
of  the  majority  in  adopting  Article  IV  on  yesterday  : 

"  The  undersigned  having  voted  against  the  amendment  proposed 
by  a  majority  of  the  Committee  on  Elections  and  Elective  Fran- 
chise, avails  himself  of  his  right  to  enter  upon  the  Journal  the  rea- 
sons for  his  dissent.  The  majority  of  said  Committee  have  reported, 
'  That  each  voter  shall  give  to  the  judges  of  election  where  he  of- 
fers to  vote,  satisfactory  evidence  that  he  has  paid  his  poll-taxes 
then  due  by  him,  without  which  his  vote  cannot  be  received.'  The 
undersigned  is  unwilling  to  aid  in  placing  any  restriction  of  the 
kind  on  the  exercise  of  this  great  and  important  right  for  the 
reasons  following  : 

1.  It  is  a  property  qualification. 

2.  Many  good  men,  whose  only  fault  is  their  poverty,  will  be  de- 
prived of  the  elective  franchise. 


179 

3.  The  poll-tax  may  be  increased  to  such  an  extent  as  to  amount 
to  a  prohibition  of  the  exercise  of  this  right  by  many. 

4.  It  will  still  further  corrupt  the  ballot-box. 

5.  The  tendency  of  power  in  this  country  is  to  steal  continually 
from  the  hands  of  the  many  into  the  hands  of  the  few.  This  clause 
in  the  amendment,  proposed  by  the  majority,  will  encourage  this 
tendency,  and  give  to  the  opulent  candidate  an  advantage  over  his 
less  fortunate  opponent,  which  he  should  not  have. 

It  is  regretted  that  the  majority  of  the  Committee  felt  it  their 
duty  to  insert  this  clause,  for  in  all  other  respects  the  report  is  un- 
objectionable, and  but  for  this  clause  would  be  cheerfully  supported. 

W.  B.  STALEY. 

PROTEST. 

Mr.  GIBSON  presented  the  following  protest,  which,  at  his  re- 
quest, was  ordered  to  be  spread  on  the  Journal : 

The  undersigned  cannot  satisfy  their  sense  of  duty  to  themselves 
and  to  their  constituents  without  stating  in  full  the  reasons  that 
prompted  their  vote  against  the  1st  Section  of  the  4th  Article  of 
the  Amended  Constitution,  known  as  the  Franchise  Section.  That 
section  requires  that  every  voter  before  he  can  vote  shall  produce 
"satisfactory  evidence"  to  the  judges  of  election  that  he  has  paid 
his  poll-tax.  Had  it  not  been  for  this  required  prepayment  of  the 
poll-tax  the  undersigned  would  gladly  have  voted  for  said  section. 
Their  constituents  now  vote  without  any  tax  restriction,  and  they 
cannot  consent  to  impose  such  restriction  upon  them ;  they  favor 
the  removal  of  all  restrictions,  and  not  the  creation  of  new  ones. 

But  the  undersigned  are  firm  believers  in  the  doctrine  that  suf- 
frage is  a  right  and  not  a  privilege — as  much  a  right  as  life,  liberty 
or  property — a  right  not  to  be  limited  and  not  to  be  restricted  ex- 
cept as  to  age,  time  and  place;  and  above  all,  a  right  not  to  be  be- 
stowed on  the  rich  in  preference  to  the  poor.  Suffrage  is  the  poli- 
tical means  of  self-defense,  and  the  disfranchised  man  is,  or  soon  will 
be,  a  slave.  Such  being  their  cardinal  doctrine,  the  undersigned 
would  enumerate  the  following  minor  reasons  for  their  vote  : 

1st.  The  right  to  restrict  the  elective  franchise  implies  the  right  to 
destroy  it. 

If  one  obstacle  can  be  placed  between  the  voter  and  the  ballot- 
box,  the  entire  road  can  be  closed.  If  one  qualification  can  be  re- 
quired, so  can  another^  so  can  many.  Is  the  payment  of  money  a 
better  pre-requisite  for  voting  than  is  proof  of  loyalty,  or  of  intelli- 
gence or  morality  ? 

2d.  The  required  pre-payment  of  the  pell-tax  is  an  unjust  discrimi- 
nation against  the  poor  man.  What  is  taxation  ?  Taxation  is  the 
price  of  protection.  But  the  poor  man,  having  but  little  property, 


180 

needs  but  little  protection.     And  yet,  by  said  section,  the  poor  man 
hasjust  the  same  tax  to  pay  before  he  can  vote  as  the  rich  man. 

3d.  The  required  pre-payment  of  the  poll-tax  as  a  qualification  for 
voting  is  more  oppressive  to  the  rich  than  a  property  qualification. 

Where  there  is  a  property  qualification  the  voter  can  vote  and 
pay  his  poll-tax  afterwards.  But  here  he  must  pay  his  poll-tax  be- 
fore he  can  vote  at  all.  In  truth,  this  whole  thing  is  nothing  but  a 
property  qualification  in  disguise. 

4th.  The  required  pre-payment  of  the  poll-tax  will  give  the  rich 
candidate  an  unjust  but  great  advantage  over  a  poor  candidate. 

The  rich  candidate,  in  person  or  through  friends,  can  pay  the 
poll-tax  of  every  poor  man  favorable  to  his  election,  while  the  poor 
men,  favorable  to  the  poor  candidate,  will  in  many  cases  be  unable 
to  vote.  And  here  the  door  is  opened  to  infinite  bribery  and  in- 
finite corruption  in  Tennessee  politics. 

5th.  The  required  pre-payment  of  the  poll-tax  will  enable  a  partisan 
tax  collector  to  disfranchise  many  voters.  Suppose  the  tax-collector 
should  refuse  to  receive  the  poll-tax  from  certain  voters,  or  should 
absent  himself,  for  political  purposes,  or  should  resign  or  die  shortly 
before  an  election,  how  easily  could  he  thus  change  the  result  of  an 
election,  and  defeat  the  true  will  of  the  people.  We  see  here  com- 
missioners of  registration  with  a  new. name  ! 

6th.  The  required  pre-payment  of  the  poll-tax  only  substitutes  a 
tax  receipt  for  the  present  voting  certificate.  The  voter  has  to  pro- 
duce "satisfactory  evidence"  to  the  judges  of  election  that  he  has 
paid  his  poll-tax.  What  is  "  satisfactory  evidence  ?"  It  is  legal 
evidence  sufficient  to  satisfy  the  judicial  mind ;  and  that  legal  evi- 
dence the  courts  will  quickly  declare  must  be  a  tax  receipt,  the 
most  odious  of  voting  certificates. 

7th.  The  required  prepayment  of  the  poll-tax  will  enable  partisan 
judges  of  election  to  disfranchise  legal  voters.  Democratic  judges 
will  be  "satisfied"  with  little  or  no  "evidence"  when  a  Democrat 
offers  his  vote ;  but  will  require  the  most  "  satisfactory  evidence," 
to-wit :  a  tax  receipt,  when  a  Republican  offers  his  vote,  and  vice 
versa.  How  monstrous  the  inducement  to  corruption  ! 

8th.  The  required  pre-payment  of  the  poll-tax  will  be  the  mother 
of  infinite  contests  and  strife  in  elections. 

In  consequence  of  the  possible  frauds  above  mentioned  being 
actually  perpetrated,  many  lawful  voters  will  be  practically  disfran- 
chised, and  many  unlawful  voters  allowed  to  vote.  Fraudulent 
tax  receipts  will  be  forged.  Perjury  will  usher  in  many  a  vote. 
Bribery  will  luxuriate  around  the  ballot-box.  Poor  men  will  stand 
back  with  a  sigh,  while  the  rich  put  in  their  votes.  Challenges  will 
be  endless ;  and  the  resulting  strife  and  bad  feeling  infinite.  No- 
body will  be  satisfied.  The  ballot  will  lose  its  dignity.  Elections 
will  become  a  farce  ;  and — but  we  prefer  to  drop  the  curtain  upon 
the  last  scene  in  this  horrid  drama. 


181 

And  therefore  it  is,  that  the  undersigned  predict  that  this  re- 
quired pre-payment  of  the  poll-tax  will  be  odious  to  the  people.  It 
will  array  the  poor  men  of  Tennessee,  the  men  who  fight  your 
battles,  and  who  constitute  your  wealth  and  your  strength,  in  solid 
phalanx  against  that  Constitution  which  strikes  at  the  most  precious 
of  all  their  rights.  It  will  awaken  a  breeze  of  opposition  in  every 
settlement  from  the  Blue  Ridge  to  the  Mississippi ;  and  if  that 
breeze  is  swelled  into  a  storm  by  the  advocates  of  white  suffrage, 
and  that  storm  is  swelled  into  a  tempest  by  the  removal  of  the  ex- 
isting judiciary ;  and  that  tempest  swelled  into  a  tornado  by  the 
friends  of  free  schools,  then  will  this  fabric  of  government,  we  are 
here  erecting,  be  swept  away,  and  "  like  the  baseless  fabric  of  a 
vision,  leave  not  a  wreck  behind. " 

For  the  foregoing  considerations,  the  undersigned  protest  against 
so  much  of  said  franchise  section  as  requires  the  pre-payment  of 
poll-tax  as  the  condition  of  voting ;  and  ask  that  this  their  protest 
be  spread  upon  the  Journal. 

HENRY  R.  GIBSON. 
JAMES  W.  BRANSON. 
JAMES  C.  PARKER, 
W.  H.  FINLEY, 
R.  P.  BROOKS. 

The  roll  was  called  for  Memorials  and  Petitions. 

AMENDMENT  PEOPOSED. 

Mr.  GORDON  offered  the  following  resolution  : 

Resolved,  That  the  Committee  on  Miscellaneous  Subjects  be  in- 
structed to  inquire  and  report  whether  a  provision  shall  not  be  in- 
serted in  the  Constitution  appropriating  for  ever  all  revenue  de- 
rived from  poll-taxes  for  the  use  of  the  State  to  the  purposes  of  edu- 
cation in  common  schools  throughout  the  State. 

On  motion  of  Mr.  GOKDON,  it  was  ordered  that  the  foregoing 
resolutions,  and  kindred  propositions,  be  referred  to  a  Special  Com- 
mittee of  seven,  to  be  appointed  by  the  President. 

JUDICIARY. 

Mr.  NICHOLSON  submitted  the  following  resolution,  which  was 
read,  and  on  motion  of  Mr.  Jones,  of  Lincoln,  was  ordered  to  be 
laid  on  the  table,  and  100  copies  printed  for  the  use  of  the  Conven- 
tion : 

Resolved,  That  before  taking  up  the  reports  of  the  majority  or 
minority  of  the  Judiciary  Committee,  or  of  any  of  the  substitutes 
therefor  offered  to  the  Convention,  it  is  expedient  that  the  judgment 
of  the  Convention  be  taken  on  the  following  propositions,  viz : 


182 

1st.  It  is  the  judgment  of  the  Convention  that  the  offices  now 
held  by  the  Supreme  Judges,  Chancellors',  Circuit  Judges,  Criminal 
Judges,  Attorney  General  and  Reporter  for  the  State,  and  District 
Attorneys,  shall  be  vacated  after  the  ratification  by  the  people  of 
the  amended  Constitution,  at  such  time  as  may  be  therein  prescribed. 

2d.  It  is  the  judgment  of  the  Convention  that  the  Supreme 
Judges,  Chancellors,  Circuit  Judges,  Criminal  Judges,  Attorney 
and  Reporter  for  the  State,  and  the  States  Attorneys  for  the  Dis- 
tricts be  appointed  by  the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate. 

3d.  It  is  the  judgment  of  the  Convention  that  a  Special  Commis- 
sion be  appointed  by  the  Governor,  by  and  with  the  advice  of  the 
Senate,  to  consist  of  three  lawyers  in  each  division  of  the  State,  to 
sit  as  judges,  with  full  jurisdiction  to  hear  and  determine  all  the 
causes  pending  in  the  Supreme  Court  at  Knoxville,  Nashville,  and 
Jackson,  their  commissions  to  expire  on  the  1st  of  October,  1871. 

Resolved,  That  upon  the  determination  by  the  Convention  of 
these  propositions,  the  majority  and  minority  reports,  together  with 
the  several  substitutes,  be  recommitted  to  the  Judiciary  Committee, 
with  instructions  to  prepare  and  report  a  plan  of  judicial  reform  in 
pursuance  of  the  judgment  of  the  Convention  on  said  propositions. 

AMENDMENTS   PROPOSED. 

Mr.  HEISKELL  submitted  the  following  amendment  to  Article 
XI,  Section  7  : 

The  Legislature  shall  have  power  to  pass  a  statute  of  limitations 
applicable  to  the  lands  which  have  been  granted  by  this  State,  on 
payment  of  entry  taker's  fees  only,  different  from  the  general 
statute  of  limitation  in  regard  to  lands.  Which  was  read  and  re- 
ferred to  the  Committee  on  the  Legislative  Department. 

Mr.  FENTRESS  submitted  the  following  resolution,  which  was 
read  and  referred  to  the  Special  Committee  to  be  raised  on  the  sub- 
ject of  Common  Schools : 

Resolved,  That  the  Committee  on  Miscellaneous  Provisions  be 
instructed  to  inquire  whether  the  Legislature  shall  not  be  prevented 
by  constitutional  provision  from  making  a  common  school  law 
which  forces  the  poor  white  man  to  send  his  children  to  school  with 
negro  children,  or  lose  entirely  the  benefits  of  the  free  common 
schools. 

RATIFICATION   BY   THE    PEOPLE. 

Mr.  THOMPSON,  of  Davidson,  submitted  the  following  resolution : 

Be  it  resolved.  That  it  is  expedient  that  the  new  Constitution 

shall  be  submitted  to  the  people  at  the  next  ensuing  election  of 


183 

county  officers ;  and,  therefore,  in  the  event  that  the  adjournment 
of  this  Convention  shall  not  leave  a  sufficient  interval  to  elapse  be- 
fore the  day  for  the  county  elections,  as  now  fixed  by  law,  to  be 
held  on  the  —  day  of  March,  1870,  the  day  of  election  should  be 
postponed,  not  less  than  thirty  days  after  the  adjournment  of  the 
Convention. 

Mr.  HOUSE,  of  Davidson,  Robertson  and  Montgomery,  moved  to 
suspend  the  rules  and  take  up  the  resolution,  and  submitted  the 
following  resolution  in  lieu  : 

WHEREAS,  It  being  expedient  that  the  new  Constitution  should 
be  submitted  to  a  vote  of  the  people  at  the  ensuing  election  for 
county  officers  on  5th  March,  next ;  therefore, 

Be  it  resolved,  That  this  Convention  will  meet  each  night  of  its 
daily  sessions,  at  7  o'clock,  P.  M.,  commencing  on  Monday  next. 

Mr.  KENNEDY  moved  to  amend  the  amendment  in  lieu,  by  add- 
ing "  that  no  vote  shall  be  taken  at  any  night  session." 

Mr.  POUTER,  of  Haywood,  moved  to  lay  the  resolution  of  Mr. 
Thompson,  the  resolution  in  lieu,  and  the  amendment,  on  the  table. 

Mr.  CYPERT  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas , 37 

Kays 32 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Baxter,  Blizard,  Branson,  Brooks,  Brown  of  David- 
son, Burkett,  Campbell,  Carter,  Chowning,  Cypert,  Doherty,  Drom- 
goole,  Fentress,  Finley,  Fulkerson,  Gibbs,  Gibson,  Gordon,  Heis- 
«kell,  Henderson,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Key, 
Mabry,  McDougal,  Meeks,  Parker,  Porter  of  Haywood,  Porter  of 
Henry,  Shelton,  Staley,  Stephens,  Taylor,  Walters  and  William- 
son—37. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Brandon,  Britton,  Brown  of  Henry,  etc.,  Burton, 
Byrne,  Coffin,  Cummings,  Deaderick,  Deavenport,  Dibbrell,  Fielder, 
Gardner,  Garner,  Gaut,  Hill  of  Warren,  House  of  Williamson, 
House  of  Davidson,  Robertson  and  Montgomery,  Ivie,  Kirkpatrick, 
Kyle,  MoNabb,  Martin,  Netherland,  Nicholson,  Sample,  Shepard, 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Warner  and 
Wright— 32. 

AMENDMENTS  PROPOSED. 

Mr.  BROWN,  of  Davidson,  offered  the  following  resolution,  which 


184 

was   read   and   referred   to   the   Special   Committee   on   Common 
Schools : 

Resolved,  That  the  Constitution  be  so  amended  that  all  revenue 
derived  from  poll  tax  be  applied  exclusively  to  the  payment  of  the 
public  debt,  and  when  it  is  accomplised  it  shall  be  applied  to  com- 
mon schools  and  for  no  other  purpose. 

TO  SAVE  TIME. 

ME.  FENTRESS  submitted  the  following  preamble  and  resolution, 
which  were  read  and  referred  to  the  Committee  on  Miscellaneous 
Provisions  : 

WHEREAS,  These  daily  discussions  of  how  to  save  time  consume 
more  time  than  is  saved  by  them: 

Resolved,  That  hereafter  discussions  as  to  how  to  save  time  shall 
be  out  of  order,  and  that  this  Convention  proceed  to  the  business 
before  it,  and  when  finished  that  they  adjourn. 

SUFFRAGE  AND  ELECTIONS. 

On  motion  of  Mr.  JONES,  of  Lincoln,  the  Convention  resumed 
the  consideration  of  the  unfinished  business  of  yesterday — the  re- 
port of  the  Committee  on  Franchise,  Right  of  Suffrage  and  Elec- 
tions. 

Article  II,  Section  7,  as  reported  by  the  Committee,  was  adopted. 

Mr.  PARKER  submitted  the  following  amendment,  which  was  re- 
iected  by  the  Convention  : 

In  all  elections  by  the  people,  and  also  by  the  Senate  and  House^ 
of  Representatives,  jointly  or  separately,  the  votes  shall  be  person- 
ally and  publicly  given  viva  voce. 

Mr.  NICHOLSON  submitted  the  following  in  lieu  of  Section  8,  as 
reported  by  the  Committee  : 

Article  II,  Section  8.  The  first  session  of  the  General  Assembly 
shall  commence  on  the  first  Monday  in  October,  1871,  at  which 
time  the  term  of  service  of  the  members  shall  commence,  and  ex- 
pire on  the  first  Tuesday  in  November,  1872,  and  at  which  session 
the  Governor  elected  on  the  first  Tuesday  in  November,  1870,  shall 
be  inaugurated  ;  and  forever  thereafter  the  General  Assembly  shall 
meet  on  the  first  Monday  in  January,  next  ensuing  the  election,  at 
which  session  thereof  the  Governor  shall  be  inaugurated. 

Which  was  adopted  in  lieu,  and  the  section,  as  thus  amended,  was 
adopted  by  the  Convention. 


185 


LEGISLATIVE  DEPARTMENT. 

The  Convention,  on  motion  of  Mr.  JONES,  of  Lincoln,  proceeded 
to  the  consideration  of  the  report  of  the  Committee  on  the  Legisla- 
tive  Department. 

ARTICLE    II. 

Sections  1  and  2,  as  they  exist  in  the  present  Constitution,  were 
adopted  by  the  Convention. 

Section  3,  as  recommended  by  the  Committee,  was  adopted. 

Section  4  was  amended  by  striking  out  "  forty-one  "  and  inserting 
"  seventy-one  ;  as  thus  amended,  was  adopted  by  the  Convention. 

At  1  o'clock  P.  M.,  Mr.  KENNEDY  moved  to  adjourn  until  Mon- 
day morning  at  9|  o'clock. 

Mr.  BAXTER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  adjourn  until  Monday  lost. 

Yeas 33 

Nays       36 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Brown  of  Davidson,  Brown  of  Henry,  etc., 
Burton,  Byrne,  Campbell,  Chowning,  Deavenport,  Doherty,  Drom- 
goole,  Fentress,  Gardner,  Gibbs,  Gordon,  House  of  Williamson, 
House  of  Davidson,  Robertson  and  Montgomery,  Ivie,  Jones  of 
Lincoln,  Jones  of  Giles,  Kennedy,  Kirkpatrick,  Martin,  Meeks, 
Netherland,  Porter  of  Haywood,  Porter  of  Henry,  Shelton,  Thomp- 
son of  Davidson,  Thompson  of  Maury,  Turner,  Williamson  and 
Wright— 33. 

Those  voting  in  the  negative  are : 

Messrs.  Baxter,  Blizard,  Branson,  Britton,  Brooks,  Burkett,  Car- 
ter, Coffin,  Cummings,  Cypert,  Deaderick,  Dibbrell,  Fielder,  Finley, 
Garner,  Gaut,  Gibson,  Heiskell,  Henderson,  Hill  of  Warren,  Key, 
Kyle,  Mabry,  McDougal,  McNabb,  Nicholson,  Sample,  Shepard, 
Staley,  Stephens,  Taylor,  Walters,  Warner  and  President  Brown 
—36. 

The  Convention  took  a  recess  to  2J  o'clock?.  M. 


186 


AFTERNOON  SESSION. 


Mr.  GARNER  offered  the  following  amendment : 

Strike  out  all  after  the  word  "  seventy-five  "  in  the  third  line  of 
Section  5,  of  Article  II,  unto  the  word  "Provided"  in  the  4th  line, 
and  insert  "  fifty,"  so  as  to  limit  the  number  of  Representatives  to 
50  at  all  times. 

Mr.  BROWN,  of  Henry,  etc.,  moved  to  lay  the  amendment  on  the 
table. 

Mr.  GARNER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 47 

Nays 5 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Branson,  Brandon,  Britton, 
Brown  of  Davidson,  Brown  of  Henry,  Carroll,  Gibson  and  Madi- 
son, Byrne,  Campbell,  Chowning,  Coffin,  Cummings,  Cypert,  Dead- 
erick,  Deavenport,  Dibbrell,  Doherty,  Fielder,  Finley,  Fulkerson, 
Gaut,  Gibbs,  Gibson,  Heiskell,  Henderson,  Ivie,  Jones  of  Giles, 
Key,  Kyle,  Mabry,  McDougal,  McNabb,  Martin,  Netherland,  Nich- 
clson,  Parker,  Porter  of  Henry,  Shepard,  Stephens,  Thompson  of 
Davidson,  Thompson  of  Maury,  W;  Iters,  Warner,  Williamson  and 
Wright— 47. 

Those  voting  in  the  negative  are: 

Messrs.  Brooks,  Carter,  Garner,  Hill  of  Warren,  and  Kennedy 
—5. 

Mr.  DIBBRELL  offered  the  following  amendment : 
In  the  last  line  of  Section  5,  strike  out  "  two-thirds  "  and  insert 
"  1500  voters." 

Mr.  ALLEN  moved  to  lay  the  amendment  on  the  table. 
Mr.  CYPERT  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 31 

Nays 24 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Britton,  Brown  of  Henry, 


187 

etc.,  Campbell,  Carter,  Chowning,  Deaderick,  Fentress,  Fielder, 
Fulkerson,  Garner,  Gaut,  Gibbs,  Heiskell,  Henderson,  Ivie,  Key, 
Kirkpatrick,  Kyle,  Nicholson,  Porter  of  Henry,  Sample,  Shepard, 
Slid  ton,  Staley,  Stephens,  Thompson  of  Davidson,  and  Thompson 
of  Maury— 31. 

Those  voting  in  the  negative  are : 

Messrs.  Branson,  Brooks,  Brown  of  Davidson,  Byrne,  Coffin, 
Cummings,  Cypert,  Deavenport,  Dibbrell,  Doherty,  Finley,  Gibson, 
Hill  of  Warren,  Jones  of  Giles,  Kennedy,  Mabry,  McDougal,  Mc- 
Nubb,  Martin,  Parker,  Walters,  W^arner,  Williams  and  Wright — 24. 

Mr.  ALLEN  moved  that  the  Convention  adjourn  to  Monday  morn- 
ing at  9  J  o'clock,  A.  M. 

Mr.  GARNER  demanded  the  yeas  and  nays,  and  the  motion  to  ad- 
journ was  lost. 

Yeas 18 

Nays 35 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Brown  of  Henry,  etc.,  Campbell,  Fentress, 
Gibbs,  Jones  of  Giles,  Martin,  Nethcrland,  Porter  of  Haywood, 
Porter  of  Henry,  Shepard,  Shelton,  Thompson  of  Davidson,  Thomp- 
son of  Maury,  Walters,  Williamson  and  Wright — 18. 

Those  voting  in  the  negative  are : 

Messrs.  Baxter,  Blizard,  Branson,  Brandon,  Britton,  Brooks, 
Brown  of  Davidson,  Burkett,  Byrne,  Carter,  Chowning,  Coffin, 
(Jammings,  Cypert,  Deaderick,  Deavenport,  Dibbrell,  Doherty, 
Fielder,  Finley,  Fulkerson,  Garner,  Gaut,  Gibson,  Henderson,  Hill 
of  Warren,  Kennedy,  Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal, 
McNabb,  Nicholson,  Parker,  Sample,  Staley,  Stephens  and  Warner 
—39. 

Mr.  DEAYENPORT  offered  the  following  amendment  to  Section  5, 
Article  II : 

"  Provided  further,  That  those  counties  entitled  to  one  represen- 
tative by  the  apportionment  of  1851  and  1852,  shall  never  be  de- 
prived of  tiiat  representation." 

On  motion  of  Mr.  CAMPBELL,  the  amendment  was  laid  on  the 
table. 

Section  5,  as  reported  by  the  Committee,  was  adopted  without 
amendment. 

Section  6,  as  recommended  by  the  committee,  was  adopted  with- 
out amendment. 


188 

Sections  7  and  8  were  passed  over,  they  having  been  adopted  in 
the  report  of  the  Committee  on  Elections. 

Mr.  GARNER  offered  the  following  amendment  to  Section  9  : 

Strike  out  "  twenty-one  years  "  in  the  second  line,  and  insert 
twenty-five  years." 

Which  was  rejected,  and  the  section,  as  recommended  by  the 
committee,  adopted. 

Mr.  THOMPSON,  of  Maury,  moved  to  amend  Section  10  by  strik- 
ing out  "  thirty  "  and  inserting  "twenty-one."  Which  was  rejected. 

Mr.  DIBBRELL  moved  to  amend  Section  10  by  striking  out 
"  thirty "  and  inserting  "twenty-five."  Which  was  rejected,  and 
the  sections,  as  amended  by  the  committee,  was  adopted  by  the 
Convention. 

Section  11  was  amended  by  inserting  "and  election"  after  the 
word  "  qualification,"  in  second  line,  and  thus  amended,  was  adopted 
by  the  Convention. 

Mr.  WARNER  offered  the  following  amendment  to  Section  12  : 
After  the  words  "  two-thirds,"  and  before  the  word  "  expel,"  in- 
sert the  words  "  of  the  entire  number,"   so  that  said   section  will 
read  thus : 

Each  House  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behavior,  and,  with  the  concurrence  of 
two-thirds  of  the  entire  number,  expel  a  member,  but  not  a  second 
time  for  the  same  offence,  and  shall  have  all  other  powers  necessary 
for  a  branch  of  the  Legislature  of  a  free  State. 

Which  was  rejected,  and  the  section,  as  recommended  by  the 
committee,  was  adopted  by  the  Convention. 

Sections  13,  14,  15  and  16,  were  adopted,  as  reported  by  the 
committee,  without  amendment. 

On  motion  of  Mr.  GIBSON,  Section  17  was  amended  by  striking 
out  the  word  "  pass,"  and  inserting  the  words  "  become  a  law." 
And  the  section,  as  thus  amended,  was  adopted  by  the  Convention. 

Section  18,  as  reported  by  the  committee,  was  adopted  without 
amendment. 

Mr.  WARNER  submitted  the  following,  in  lieu  of  Section  19,  as 
reported  by  the  committee  : 

"  After  a  bill  has  been  considered  by  both  Houses  of  the  General 
Assembly,  and  rejected,  no  bill  containing  the  same  substance  shall 
be  passed  into  a  law  during  the  same  session." 


189 

The  amendment  in  lieu  was  rejected,  and  the  section,  as  recom- 
mended by  the  committee,  was  adopted. 

Sections  20,  21,  and  22,  were  adopted  as  recommended  by  the 
committee. 

On  motion  of  Mr.  STEPHENS,  Section  23  was  amended  by  insert- 
ing the  word  "  each  "  in  lieu  of  "  the/7  and  before  the  words  Gene- 
ral Assembly  in  the  second  line,  and  as  thus  amended,  was  adopted. 

Mr.  GARNER  moved  to  amend  by  striking  out  "seventy-five 
days "  in  the  fourth  line,  and  inserting  in  lieu  thereof  "  sixty 
days.7' 

Mr.  FULKERSON  moved  to  lay  the  amendment  on  the  table,  and 
demanded  the  yeas  and  nays,  which  were  ordered,  and  the  motion 
to  lay  on  the  table  sustained. 

Yeas 33 

Nays 26 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Branson,  Brown  of  Henry, 
etc.,  Burkett,  Byrne,  Campbell,  Carter,  Coffin,  Cummings,  Cypert, 
Deaderick,  Fentress,  Fielder,  Gaut,  Gibbs,  Gibson,  Henderson, 
Jones  of  Giles,  Kennedy,  Key,  Mabry,  Nicholson,  Parker,  Porter 
of  Hay  wood,  Porter  of  Henry,  Shepard,  Shelton,  Stephens,  Thomp- 
son of  Maury  and  Williamson — 33. 

Those  voting  in  the  negative  are : 

Messrs.  Brandon,  Britton,  Brooks,  Brown  of  Davidson,  Chown- 
ing,  Deavenport,  Dibbrell,  Doherty,  Finley,  Fulkerson,  Garner, 
Hill  of  Warren,  Kirkpatrick,  Kyle,  McDougal,  McNabb,  Martin, 
Netherlands  Sample,  Staley,  Thompson  of  Davidson,  Walters,  War- 
ner and  President  Brown — 26. 

Mr.  GARNER  proposed  to  amend  said  section  by  striking  out  the 
words  "  unless  physically  unable  to  attend/7  in  the  5th  line.  Which 
was  rejected,  and  the  section,  as  amended,  was  adopted  by  the  Con- 
vention. 

Section  24  was  adopted  without  amendment  and  without  a 
division. 

Mr.  KIRKPATRICK  offered  the  following  amendment  to  Sec- 
tion 25  : 

"  No  person,  who  may  at  any  time  have  been  a  collector  of  taxes, 
whether  State  or  municipal,  or  who  may  have  been  otherwise  en- 
trusted with  the  public  money,  shall  be  eligible  to  the  General  As- 
sembly, or  to  any  office  of  trust  or  profit  in  the  civil  department  of 
this  State,  until  he  shall  have  first  obtained  a  discharge  for  the 


190 

amount  of  such  collection,  and  for  all  public  money  with  which  he 
may  have  been  entrusted. 

Mr.  GIBBS  offered  the  following  in  lieu  of  Mr.  Kirkpatrick's 
amendment : 

After  the  word  " assembly,"  in  second  line,  insert  the  following: 
"  Or  hold  any  other  civil  office  under  the  State  Government." 

Which  was  adopted  in  lieu,  and  then  adopted  as  an  amendment 
to  Section  25 ;  and  the  section,  as  thus  amended,  was  adopted  by 
the  Convention. 

Sections  26  and  27  were  adopted  by  the  Convention  without 
amendment. 

Section  28  was  paseed  over  informally. 

Mr.  KENNEDY  entered  a  motion  to  reconsider  the  vote  adopting 
Section  23,  and  gave  notice  that  he  should,  if  reconsidered,  move  to 
amend  the  same  by  striking  out  the  words  "  or  adjourned,"  in  the 
fourth  line. 

All  further  consideration  of  the  report  was  postponed  until  Mon- 
day next. 

COMMITTEE   ON   COMMON   SCHOOLS. 

The  PRESIDENT  announced,  as  the  Special  Committee  on  Com- 
mon Schools,  etc.,  Messrs.  Gordon,  Brown  of  Davidson,  Kirkpatrick, 
Gibson,  Baxter,  Meeks,  and  Taylor. 

On  motion,  the  Convention  adjourned  until  Monday  morning, 
at  9J  o'clock. 


MONDAY  MORNING,  JANUARY  31,  1870, 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  MCJ\EELEY. 

The  Journal  of  Saturday  was  read,  corrected  and  approved. 


191 


HOURS    OF    MEETING   AND   ADJOURNMENT. 

Mr.  BRITTON  submitted  the  following  resolution  : 
JiV.Wrr^,  That  it  shall  be  the  established  rule  of  this  House,  un- 
til otherwise  ordered,  to  meet  at  9J  o'clock  A.  M.,  and  adjourn  at  4 
o'clock,  which  lies  over  under  the  rules. 

RESOLUTION   WITHDRAWN. 

Mr.  BROOKS  asked  and  obtained  leave  to  withdraw  the  resolution 
introduced  by  him  on  a  former  day,  to  create  a  new  county  out  of 
portions  of  Jackson  and  Overton  Counties,  for  purposes  of  amend- 
ment. 

MEMORIAL 

Mr.  GAUT  presented  a  memorial  from  sundry  citizens  of  Bradley 
County,  praying  that  the  Constitution  be  so  amended  that  the  Legis- 
lature shall  have  entire  control  of  the  subject  of  tippling  and  tip- 
pling houses,  which  was,  without  being  read,  referred  to  the  Com- 
mittee on  Miscellaneous  Provisions. 

RIGHTS    OF   MARRIED   WOMEN. 

Mr.  KIRKPATRICK  submitted  the  following  resolution,  which 
was  read  and  referred  to  the  Committee  on  Miscellaneous  Pro- 
visions : 

Resolved,  That  the  Constitution  be  amended  by  incorporating; 
therein  the  following  provision,  to-wit : 

Sec.  — .  The  property  and  pecuniary  rights  of  every  married 
woman,  at  the  time  of  marriage,  or  afterward  acquired  by  gift,  de- 
vise, or  inheritance,  shall  not  be  subject  to  the  debts  or  contracts  of 
the  husband,  and  laws  shall  be  passed  providing  lor  the  registration 
of  the  wife's  separate  property. 

[MEMORIAL. 

Mr.  SEAT  presented  a  memorial  from  sundry  citizens  of  Smith, 
Sumner,  and  Macon  Counties,  praying  the  creation  of  a  new  county 
out  of  portions  of  said  counties,  which,  without  being  read,  was  re- 
ferred to  the  Committee  on  New  Counties  and  County  Lines : 

COMMON    SCHOOLS. 

Mr.  GARDNER  submitted  the  following  resolution,  which  was 
read  and  referred  to  the  Committee  on  Common  Schools : 


192 

Resolved,  That  the  Committee  on  Common  Schools  inquire  and 
report  the  propriety  of  dedicating  to  educational  purposes,  such 
portion  of  the  proceeds  of  the  poll-tax  hereafter,  as  shall  be  in  ex- 
cess of  the  amount  received  from  that  source  in  the  year  1869. 
Such  excess  to  be  invested  by  the  Legislature  in  such  manner  as 
may  be  prescribed  by  law,  for  the  benefit  of  common  schools  in  this 
State,  the  principal  not  to  be  used  until  the  fund  amounts  to  half  a 
million  of  dollars. 

MEMORIALS. 

Mr.   FENTRESS  presented  a  memorial  from  sundry  citizens  of 
Hardeman  and  Fayette  Counties,  praying  the  creation   of  a  new 
county  out  of  portions  of  said  counties,  which,  without  being  read, 
was  referred  to  the  Committee  on  New  Counties  and  County  Lines. 

Mr.  SAMPLE  presented  a  memorial  from  a  large  number  of  citi- 
zens against  the  creation  of  a  new  county  out  of  portions  of  Haw- 
kins, Jefferson  and  Greene,  which,  without  being  read,  was  referred 
to  the  Committee  on  New  Counties  and  County  Lines. 

BANK   OF   TENNESSEE. 

Mr.  THOMPSON,  of  Davidson,  submitted  the  following  resolution  : 
Be  it  resolved,  That  in  view  of  the  undoubted  intention  of  the 
State  of  Tennessee  to  pay  all  of  her  indebtedness,  and  in  view  of 
the  embarrassed  condition  of  the  State,  the  Committee  on  Finance 
be  instructed  to  enquire  and  report  upon  the  expendiency    of  re- 
chartering  the  Bank  of  Tennessee :  And  at  the  same  time  to  enquire 
and  report  upon  the  advisability  of  memorializing  Congress  to  re- 
mit in  favor  of  the  Bank  of  Tennessee  the  restrictions  and  penalties 
imposed  on  State  Banks  by  the  National  Banking  system. 
Which  was  referred  to  the  Committee  on  Finance. 

LEGISLATIVE    DEPARTMENT   FURTHER   CONSIDERED. 

The  Convention  proceeded  to  the  consideration  of  the  unfinished 
business  of  Saturday — the  report  of  the  Committee  on  the  Legisla- 
tive Department. 

Mr.  KENNEDY  called  up  his  motion  to  reconsider  the  vote  adopt- 
ing Section  23,  and  the  same  was  reconsidered  by  the  Convention. 

Mr.  KENNEDY  submitted  the  following  amendment,  which  was 
adopted  by  the  Convention  : 

Strike  out  "  or  adjourned"  in  the  fourth  line. 


193 

Mr.  BAXTER  proposed  to  amend  the  Section  further  by  striking 
out  the  following  words  :  "  But  no  member  shall  be  paid  for  more 
than  seventy-five  days  of  a  regular  session,  or  for  more  than  twenty 
days  of  an  extra  or  called  session  :  or  for  any  day  when  absent  from 
his  seat  in  the  Legislature  unless  physically  unable  to  attend." 

Mr.  GARNER  moved  to  lay  the  amendment  on  the  table. 

Mr.  GIBSON  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 64 

Xays 8 

Those  voting  in  the  affirmative  are : 

Messrs.  Branson,  Brandon,  Brooks,  Brown  of  Davidson,  Brown 
of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell,  Carter,  Chown- 
ing,  Coffin,  Cummings,  Cypert,  Deaderick,  Deavenport,  Dibbrell, 
Dohcrty,  Dromgoole,  Fentress,  Fielder,  Finley,  Fulkerson,  Gardner, 
Garner,  Gant,  Gibbs,  Gibson,  Henderson,  Hill  of  Warren,  Hill,  of 
Gibson,  House  of  Williamson,  House  of  Davidson,  etc.,  Ivie,  Jones 
of  Lincoln,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle^ 
McDougal,  McNabb,  Martin,  Meeks,  Morris,  Netherland,  Nichol- 
son, Parker,  Porter  of  Haywood,  Porter  of  Henry,  Sample,  Seay, 
8hepard,  Shelton,  Staley,  Stephens,  Taylor,  Thompson  of  David- 
son, Turner,  Warner,  Walters,  Wright  and  President  Brown — 64. 

Those  voting  in  the  negative  are: 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Heiskell,  Mabry,  Thomp- 
son of  Maury,  and  Williamson — 8. 

Section  23,  as  thus  amended  was  adopted  by  the  Convention. 

Mr,  JOXES,  of  Lincoln,  submitted  the  following  amendment  to 
Section  29 : 

Add  after  the  word  taxation  in  the  4th  line  of  Section  29,  the 
words  :  The  ordinary  County  or  Corporation  tax  shall  not  be  greater 
than  the  State  tax  unless  specially  authorized  by  the  General  As- 
sembly for  specific  objects. 

Mr.  GIBLS  moved  to  lay  the  amendment  on  the  table,  which  was 
rejected. 

Mr.  GARNER  offered  the  following  amendment  in  .lieu  of  Mr. 

JONKS'S  : 

After  the  word  taxation  in  the  4th  line  of  the  29th   Section  add 
these  words  :  "  The  annual  County  or  Corporation  tax  shall  not  be 
greater  than  the  State  tax  unless  first  authorized  by  the  vote  of  the 
majority  of  the  qualified  voters  of  said  County  or  Corporation.'7 
13 


194 

On  motion  of  Mr.  DIBBEELL  the  amendment  and  the  amendment 
in  lieu  were  laid  on  the  table. 

Mr.  SEAT  offered  the  following  amendment : 

Resolved,  That  Section  29,  (report  of  Committee  on  Legislative 
Department)  be  amended  by  inserting  after  the  words  "  Counties  " 
in  the  1st  line,  the  words  "  Civil  Districts,"  and  after  the  words 
"County  "  in  the  2nd  line  the  words  "  Civil  Districts."  After  the 
word  "  County  "  in  the  5th  line  insert  the  words  "  Civil  District," 
and  in  the  6th  and  7th  lines  after  the  word  "  County  "  insert  the 
word  "  Civil  District  "  and  that  the  word  "  three-fourths  "  in  the 
7th  line  of  said  section  be  stricken  out,  and  the  words  "two-thirds" 
inserted  in  lieu  thereof. 

On  motion  of  Mr.  DEAVENPORT  the  amendment  was  laid  on  the 
table. 

Mr.  HOUSE,  of  Davidson/  Robertson  and  Montgomery,  submitted 
the  following  amendment : 

Inline  7,  of  Section  29,  strike  out  the  words  "three-fourths," 
and  insert  in  lieu  thereof  the  word  "  majority,"  and  after  the  word 
"election"  in  said  line  insert  ''and  no  pertoa  who  does  not  own  at 
least  $250  worth  of  taxable  property,  within  said  county,  city  or 
town,  as  the  case  may  be,  shall  be  entitled  to  vote  in  such  election  ;" 
so  that  it  will  read : 

But  the  credit  of  no  county,  city  or  town  shall  be  given  or  loaned 
to  or  in  aid  of  any  person,  company,  association  or  corporation,  ex- 
cept upon  an  election  to  be  first  held  by  the  qualified  voters  of  such 
county,  city  or  town,  and  the  assent  of  a  majority  of  the  votes  cast 
at  said  election,  and  no  person  who  doe's  not  own  at  least  $250  worth 
of  taxable  property  within  said  county,  city  or  town,  as  the  case 
may  be,  shall  be  entitled  to  vote  in  such  election. 

On  motion  of  Mr.  DEAVENPORT  the  amendment  was  laid  on  the 
table. 

Mr.  TURNER  offered  the  following  amendment :  "  After  the  words 
"  the  assent  of"  in  the  7th  line,  insert  in  lieu  of  the  words  "  three 
fourths',"  the  words  "three-fifths"  which  was  rejected  by  the  Con- 
vention. 

Mr.  ALLEN  moved  to  amend  by  striking  out  all  of  the  Section 
reported  by  the  Committee  in  lines  5,  6,  7,  8  and  9. 

Mr.  BROWN,  of  Henry,  Carroll,  Gibson  and  Madison,  submitted 
the  following  amendment : 

Insert  the  word  "  \vhatever  "  after  the  word  Corporation  in  the 
6th  ..line,  and  strike  out  the  remainder  of  6th  line.  Strike  out  all 


195 

after  words  "  Corporation "  in  the  8th  line  and  insert  the  word 
"  whatever ;"  so  that  the  Section  will  read  :  "  But  the  credit  of  no 
county,  eity  or  town  shall  be  given  or  loaned  to  or  in  aid  of  any 
person,  company,  association  or  corporation  whatever.  Nor  shall 
any  county,  city  or  town  become  a  stockholder  with  others  in  any 
company,  association  or  corporation  whatever. 

Mr.  MABRY  moved  to  lay  the  amendment  on  the  table — pending 
which  the  Convention  took  a  recess  to  2J  P.  M. 


AFTERNOON  SESSION. 

Mr.  PORTER,  of  Haywood,  demanded  the  yeas  and  nays  on  Mr. 
Mabry's  motion  to  lay  Mr.  Brown's  amendment  on  the  table,  which 
were  ordered  and  the  motion  to  lay  on  the  table  sustained. 

Yeas 44. 

Nays ..22. 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Baxter,  Blackburn,  Branson,  Brandon,  Britton, 
Brooks,  Brown  of  Davidson,  Burkett,  Byrne,  Campbell,  Carter, 
Chowning,  Coffin,  Cypert,  Deaderick,  Dibbrell,  Finley,  Fulkerson, 
Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Heiskell,  Hill  of  Gibson, 
Ivie,  Jones  of  Giles,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin, 
Meeks,  Netherland,  Nicholson,  Parker,  Sample,  Seay,  Shepard, 
Stephens,  Turner  and  President  Brown — 44. 

Those  voting  in  the  negative  are : 

Messrs.  Blizard,  Burton,  Brown  of  Henry,  etc.,  Deavenport, 
Doherty,  Dromgoole,  Fentress,  Fielder,  Henderson,  Hill  of  War- 
ren, House  of  Williamson,  House  of  Davidson,  etc.,  Jones  of  Lin- 
coln, Kennedy,  McDougal,  Morris,  Porter  of  Haywood,  Taylor, 
Thompson  of  Maury,  Warner,  Williamson  and  Wright — 22. 

Mr.  ALLEN'S  amendment  was  rejected  and  Section  29  as  reported 
by  the  Committee  was  adopted  by  the  Convention. 

Mr.  BURTON  offered  the  following  amendment  to  Section  30  : 
After  the  word  "State"  in  the  first  line,  insert  "  either  in  the 


196 

hands  of  the  manufacturer  or  other  person/'  which  was  rejected 
and  the  section  as  reported  by  the  Committee  was  adopted. 

Mr.  KENNEDY  offerred  the  following  amendment  to  Section  31 
by  adding : 

"  Nor  shall  the  bonds  of  the  State  be  issued  for  any  purpose 
whatever,  except  to  provide  for  the  payment  of  existing  debts  or 
liabilities  and  the  interest  thereon,  and  in  this  case  only  by  authori- 
ty of  the  Legislature  reciting  for  what  liability  they  are  issued.'7 

Mr.  BROWN,  of  Davidson,  submitted  the  following  amendment  : 
"  Except  by  a  vote  of  three-fourths  of  all  the  members  of  both 
Houses  to  which  they  are  entitled  under  this  Constitution ;  Provid- 
ed,, that  nothing  herein  shall  be  construed  to  impair  vested  rights." 

Mr.  BROWN,  withdrew  his  amendment. 

Mr.  HOUSE,  of  Williamson,  proposed  to  amend  Mr.  Kennedy's 
amendment  by  adding  the  words  "  and  except  to  suppress  rebellion, 
invasion  or  insurrection,"  which  was  accepted  by  Mr.  Kennedy. 

Mr.  PORTER,  of  Henry,  moved  to  strike  out  the  words  "and  ex- 
cept to  suppress  rebellion,  invasion  or  insurrection." 

Mr.  DIBBRELL  moved  to  lay  the  amendments  of  Mr.  Kennedy 
and  Mr.  Porter  on  the  table. 

Mr.  HOUSE,  of  Williamson,  demanded  the  yeas  and  nays,  which 
were  ordered,  and  the  motion  to  lay  on  the  table  sustained  : 

Yeas 46 

Nays 23 

Those  voting  in  the  affirmative  are  : 

Messrs.  Baxter,  Branson,  Britton,  Brooks,  Burkett,  Campbell, 
Carter,  Chowning,  Coffin,  Cummings,  Cypert,  Deavenport,  JDead- 
erick,  Dibbrcll,  Fen  tress,  Finley,  Fulkerson,  Gardner,  Gaut,  Gibbs, 
Gibson,  Heiskell,  Henderson,  Hill  of  Gibson,  I  vie,  Jones  of  Giles, 
Kev,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin,  Netherland, 
Nicholson,  Parker,  Porter  of  Hay  wood,  Sample,  Seay,  Shepard 
Shclton,  Stephens,  Taylor,  Thompson,  of  Maury,  Turner,  Warner 
and  Williamson — 4G. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Blizard,  Brandon,  Brown  of  Davidson,  Brown 
of  Henry,  etc.,  Burton,  Doherty,  Drorngoole,  Fielder,  Garner,  Hill 
of  Warren,  House  of  Williamson,  House  of  Davidson,  Robertson 
and  Montgomery,  Jones  of  Lincoln,  Kennedy,  McDougal,  Morris, 
Meeks,  Porter  of  Henry,  Thompson  of  Davidson,  Walters,  Wright 
and  President  Brown — 23. 


197 

Mr.  MABRY  demanded  the  previous  question,  which  demand  was 
sustained,-  and  Section  31  was  recommended  by  the  Committee  was 
adopted. 

Mr.  GIBBS  moved  to  reconsider  the  vote  by  which  Section  5,  Ar- 
ticle II,  was  adopted. 

Mr.  DEAVEXPORT  moved  that  the  Convention  adjourn  until  to- 
morrow morning. 

Mr.  GARNER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  adjourn  lost. 

Yeas 20 

Nays 45 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Brown  of  Davidson,  Brown  of  Henry,  etc., 
Campbell,  Cypert,  Deavenport,  Dibbrell,  Doherty,  Gibbs,  House  of 
Williamson,  Jones  of  Giles,  McDougal,  Meeks,  Netherland, 
Parker,  Seay,  Taylor,  Thompson  of  Maury,  Walters  and  Wright 
—20. 

Those  voting  in  the  negative  are : 

Messrs.  Baxter,  Blizard,  Branson,  Britton,  Brooks,  Burkett,  Bur- 
ton, Byrne,  Carter,  Chowning,  Coffin,  Cummings,  Deaderick, 
Dromgoole,  Fentress,  Fielder,  Finley,  Fulkorson,vGardner,  Garner, 
Gaut,  Gibson,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gib- 
son, House  of  Davidson,  Robertson  and  Montgomery,  Ivie,  Jones 
of  Lincoln,  Kennedy,  Key,  Kirkpatrick,  Mabry,  McNabb,  Martin, 
Nicholson,  Porter  of  Hay  wood,  Porter  of  Henry,  Sample,  Shepard, 
Shelton,  Stephens,  Thompson  of  Davidson,  Turner  and  Warner 
—45. 

Mr.  HEISKELL  moved  to  lay  the  motion  to  reconsider  on  the 
table. 

Mr.  DEAVENPORT  demanded  the  yeas  and  nays,  which  were  or- 
dered, and  the  motion  to  lay  on  the  table  sustained. 

Yeas 37 

Nays 30 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Baxter,  Blizard,  Brandon,  Britton,  Burkett, 
Byrne,  Campbell,  Carter,  Chowning,  Coffin,  Deaderick,  Doherty, 
Dromgoole,  Fentress,  Fielder,  Gardner,  Garner,  Gaut,  Heiskell, 
Henderson,  Hill  of  Gibson,  House  of  Davidson,  Robertson  and 
Montgomery,  Ivie,  Jones  of  Lincoln,  Kennedy,  Key,  McDougal, 


198 

Morris,  Meeks,  Porter  of  Haywood,  Porter  of  Henry,  Sample, 
Shepard,  Shelton,  Stephens  and  Thompson  of  Davidson— 37. 

Those  voting  in  the  negative  are : 

Messrs.  Branson,  Brooks,  Brown  of  Davidson,  Brown  of  Henry, 
etc.,  Burton,  Cummings,  Cypert,  Deavenport,  Finley,  Fulkerson, 
Gibbs,  Gibson,  Hill  of  Warren,  House  of  Williamson,  Jones  of 
Giles,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin,  Nicholson, 
Parker,  Seay,  Taylor,  Thompson  of  Maury,  Turner,  Walters,  War- 
ner, Wright  and  President  Brown — 30. 

On  motion,  the  Convention  adjourned  until  to-morrow  morning 
at  9J  o'clock. 


TUESDAY  MORNING,  FEBRUARY  1,  1870. 

The  Convention  met  pursuant  to  rdjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Dr.  YOUNG. 

The  Journal  of  yesterday  was  read  and  approved. 

4 

MEMOKIALS   AND    PETITIONS. 

Mr.  DOHERTY  submitted  a  memorial  from  sundry  citizens  of 
Benton,  Decatur,  Henderson  and  Carroll  Counties,  praying  the 
creation  of  a  new  county  out  of  portions  of  said  counties,  which, 
without  being  read,  was  referred  to  the  Committee  on  New  Counties 
and  County  Lines. 

Mr.  DOHERTY  presented  a  memorial  from  a  large  number  of  cit- 
izens, praying  that  the  Constitution  be  amended  so  as  to  give  towns 
and  civil  districts  the  right  to  prevent  the  sale  or  manufacture  of 
spirits  within  their  limits,  which  was  referred  to  the  Committee  on 
Miscellaneous  Provisions. 


199 

Mr.  GIBBS  presented  a  memorial  from  a  large  number  of  citizens 
of  the  counties  of  Gibson,  Obion,  Dyer  and  Weakley,  praying  the 
creation  of  a  new  county  out  of  portions  of  said  counties,  which, 
without  being  read,  was  referred  to  the  Committee  on  New  Coun- 
ties and  County  Lines. 

Mr.  JONES,  of  Lincoln,  submitted  a  memorial  from  citizens  of 
Lincoln,  Franklin  and  Bedford  Counties,  praying  the  creation  of  a 
new  county  out  of  portions  of  said  counties,  which,  without  being 
read,  was  referred  to  the  Committee  on  New  Counties  and  County 
Lines. 

ORDINANCES    PROPOSED. 

Mr.  TURNER  submitted  the  following  ordinance : 

Resolvedj  That  it  shall  be  the  duty  of  the  several  officers  of  this 
State,  authorized  by  Jaw  to  hold  elections  for  members  of  the  Gen- 
eral Assembly  and  other  officers,  to  open  and  hold  an  election  at 
the  places  of  holding  elections  for  members  of  the  General  As- 
sembly and  other  officers,  in  their  respective  counties,  on  the  first 
Saturday  in  March,  1870,  for  the  purpose  of  receiving  the  votes  of 
such  qualified  voters  as  may  desire  to  vote  for  the  adoption  or  re- 
jection of  this  amended  Constitution;  Provided,  That  the  qualifi- 
cations of  voters  in  this  election  shall  be  the  same  as  that  required 
in  the  election  of  delegates  to  this  Convention. 

2.  That  it  shall  be  the  duty  of  said  returning  officers  in 
each  county  in  this  State,  to  prepare  poll-books,  which  shall  be 
opened  on  said  day  of  election,  and  in  which  shall  be  enrolled  the 
name  of  each  voter  by  the  assistance  of  the  clerks,  who  shall  be  ap- 
pointed and  sworn  as  clerks  in  other  elections.  Said  officers  shall 
prepare  a  ballot-box,  in  which  shall  be  placed  the  ticket  of  each 
voter.  Each  ticket  shall  have  written  or  printed  thereon  the  words 
"  I  ratify  the  new  Constitution,"  or  if  the  voter  is  opposed  to  it, 
"I  reject  the  new  Constitution,"  or  the  words  "ratification"  or 
u  rejection,"  or  some  such  words  as  will  distinctly  convey  the  inten- 
tion of  the  voter. 

The  election  shall  be  held,  and  the  Judges  and  Clerks  shall  be 
appointed  as  in  the  case  ot  election  of  members  of  the  General  As- 
sembly, and  it  shall  be  conducted  in  all  respects  as  in  cases  of  said 
election  of  members  of  the  General  Assembly.  It  shall  be  the  duty 
of  the  returning  officer,  in  presence  of  the  inspectors,  to  count  the 
votes  given  for  the  ratification  or  rejection  of  the  Constitution,  of 
which  they  shall  keep  a  true  and  correct  estimate  in  said  poll- 
book. 

The  returning  officers  shall  deposit  the  original  poll-books  of 
said  election  with  the  Clerks  of  the  County  Court  in  their  respec- 
tive counties,  and  shall,  within  five  days  after  said  election,  make. 


200 

out  duplicate  statements  of  the  number  of  votes  in  their  respective 
counties  for  ratifying  and  rejecting  the  Constitution,  and  shall  for- 
ward by  mail  one  of  said  certificates  to  the  Governor,  and  one  to  the 
Secretary  of  State. 

It  shall  be  the  duty  of  said  several  County  Court  Clerks  carefully 
to  examine  the  said  poll-books,  and  forthwith  to  certify  to  the  Sec- 
retary of  State,  a  full,  true  and  perfect  statement  of  the  number  of 
votes  taken  for  and  against  the  Constitution,  as  appears  from  the 
poll-books  in  their  offices. 

Should  said  returning  officers,  or  any  of  them,  fail  to  make  re- 
turns in  due  time,  as  above  directed,  the  Secretary  of  State  shall 
then  be  authorized  to  dispatch  a  special  messenger  for  the  purpose 
of  obtaining  a  certified  copy  of  the  result  of  said"  election. 

3.  That  upon  the  receipt  of  said  returns,  it  shall  be  the  duty 
of  the  Governor,  Secretary  of  State,  and  the  President  of  this 
Convention,  or  any  two  of  said  officers,  to  compare  the  votes 

§iven  in  said  election  for  the  ratification  or  rejection  of  the  amended 
onstitution ;  and  if  it  shall  appear  from  said  returns,  that  a  major- 
ity of  all  the  votes  given  in  said  election  is  for  ratifying  the 
amended  Constitution,  then  it  shall  be  the  duty  of  the  Governor 
forthwith  to  make  proclamation  of  that  fact,  and  thenceforth  the 
amended  Constitution  shall  be  ordained  and  established  as  the  Con- 
stitution of  Tennessee. 

That  the  Governor  of  the  State  is  requested  to  issue  his  procla- 
mation as  to  this  election  on  the  first  Saturday  of  March,  1870,  for 
the  ratification  or  rejection  of  this  amended  Constitution. 

Which  was  read  and  referred  to  the  Committee  on  Elections. 

SUBMISSION   OF   THE  CONSTITUTION   TO  THE  PEOPLE. 

Mr.  HEISKELL  offered  the  following  resolution  : 
Resolved,  That  it  is  the  sense  of  this  'Convention  that  the  Con- 
stitution be  submitted  to  the  people  at  the  March  elections. 

On  motion  of  Mr.  HEISKELL,  the  rules  were  suspended,  and  the 
resolution  taken  up ;  whereupon, 

Mr.  DAVENPORT  submitted  the  following  in  lieu  of  Mr.  Heis- 
kell's : 

Resolved,  That  an  election  shall  be  held  throughout  the  State,  on 
the  first  Saturday  in  April,  1870,  to  elect  Circuit  and;County  Court 
Clerks  and  Justices  of  the  Peace,  and  at  the  same  time  an  election 
shall  be  held  for  the  ratification  or  rejection  of  this  Constitution. 

Mr.  DEAVENPORT  subsequently  withdrew  his  amendment. 
Mr.  BAXTER  moved  to  lay  the  resolution  of  Mr.  Heiskell  on  the 
table. 


201 

Mr,  CAUSER  demanded  the  y<-:;s  ar.d  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 37 

Nays - 3(3 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arlcdge,  Baxter,  Blizard,  Branson,  Britton,  Brooks, 
Brown  of  Davidson,  Brown  of  Henry,  ete.,  Carter,  Cimmmigs, 
( Ypert,  Deaderick,  Doherty,  Dromgoole,  Fentress,  Finley,  Fulki-r- 
bon,  Gardner,  Gibbs,  Gibson,  Henderson,  Hill  of  Gibson,  Jones  of 
Lincoln,  Jones  of  Giles,  Key,  Kirkpatriek,  McNabb,  Martin,  -Par- 
ker, Porter  of  Henry,  Sample,  Shepard,  Staley,  Taylor,  Walters, 
AVarner  and  Williamson — 37. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Bate,  Blackburn,  Brandon,  Burkett,  Burton,  Byrne, 
Campbell,  Chowning,  Coffin,  Deavenport,  Dibbrell,  Fielder,  Gar- 
ner, Gaut,  Heiskell,  Hill  of  Warren,  House  of  Williamson,  House 
of  Davidson.  Robertson,  and  Montgomery,  Ivie,  Kennedy,  Kyle, 
Mabry,  McDouga),  Morris,  Meeks,  Netherland,  Nicholson,  Porter  of 
Hay  wood,  Seay,  Shelton,  Stephens,  Thompson  of  Maury,  Turner, 
Wright  and  President  Brown — 36. 

Mr.  CYPERT  moved  to  reconsider  the  vote  laying  the  resolution 
on  the  table. 

Mr.  GARNER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  reconsider  sustained. 

Yeas <°>8 

Nays ^ 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Brandon,  Brooks,  Burkett,  Burton,  Byrne, 
Campbell,  Chowning,  Coffin,  Cypert,  Deavenport,  Dibbrell,  Fielder, 
Garner,  Gaut,  Heiskell,  Hill  of  Warren,  House  of  Williamson, 
House  of  Davidson,  Robertson  and  Montgomery,  Ivie,  Kennedy, 
Key,  Kyle,  Mabry,  McDougal,  Meeks,  Morris,  Netherland,  Nichol- 
son, Porter  of  Henry,  Seay,  Shelton,  Stephens,  Thompson  of  Maury, 
Turner,  Wright  and  President  Brown — $8. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Baxter,  Blackburn,  Blizard,  Branson,  Britton, 
Brown  of  Davidson,  Brown  of  Henry,  etc.,  Carter,  Cummings, 
Deaderick,  Doherty,  Dromgoole,  Fentress,  Finley,  Fulkerson,  Gard- 
ner, Gibbs,  Gibson,  Henderson,  Hill  of  Gibson,  Jones  of  Lincoln 
Jones  of  Giles,  Kirkpatriek,  McNabb,  Martin,  Parker,  Porter  of 
Haywood,  Sample,  Shepard,  Staley,  Taylor,  Walters,  Warner  and 
Williamson — 35. 


202 

The  question  recurring  on  the  adoption  of  Mr.  HeiskelPs  resolu- 
tion, Mr.  GARDNER  offered  the  following  in  lieu : 

Resolved,  That  the  Legislature  now  in  session  is  hereby  requested, 
with  as  little  delay  as  possible,  to  pass  a  law  changing  the  time  of 
holding  the  election  for  county  officers,  from  the  first  to  the  fourth 
Saturday  in  March  next,  to  afford  time  to  this  Convention  to  finish 
its  labors,  and  submit  the  result  to  the  people  for  ratification  or  re- 
jection, at  said  election  of  county  officers. 

On  motion  of  Mr.  HOUSE,  of  Williamson,  the  resolution  and  the 
resolution  in  lieu,  were  referred  to  the  Committee  on  Elections. 

IMPEACHMENT  OF  JUDGE  FRAZIER. 

Mr.  BAXTER,  from  the  Select  Committee  on  Impeachment  and 
the  case  of  Judge  Thos.  N.  Frazier,  made  the  following  report : 

MR.  PRESIDENT  :  The  Select  Committee  charged  with  the  duty 
of  inquiring  what  action,  if  any,  is  proper  to  be  taken  by  this  Con- 
vention to  relieve  persons  impeached  from  the  penalties  imposed, 
with  instructions  to  report  whether  any  action  is  necessary  in  refer- 
ence to  the  case  of  the  Hon.  Thomas  N,  Frazier,  have  instructed 
me  to  make  the  following  report : 

REPORT. 

"That  the  General  Assembly  having  adjourned  from  May  to 
November,  1866,  the  Governor,  by  proclamation,  summoned  the 
members  thereof  to  meet  in  extraordinary  session  on  the  inter- 
vening 4th  of  July.  Under  this  call,  a  part  of  the  members  of 
that  body,  less  than  a  quorum,  assembled  on  the  day  appointed,  in 
the  Capitol,  for  the  purpose  of  organizing  as  an  Assembly,  and  pro- 
ceeding in  the  discharge  of  their  legislative  duties.  The  members 
thus  assembled  in  the  House,  finding  themselves  without  a  quorum, 
undertook  to  force  the  attendance  of  absent  members,  and  by  reso- 
lution authorized  and  directed  their  Speaker  to  issue  his  warrant, 
commanding  the  Sergeant-at-Arms  to  arrest  and  bring  them  before 
the  House,  '  to  answer  for  their  conduct  and  contempt  of  the 
House.'  In  obedience  to  and  under  the  authority  of  this  resolu- 
tion, a  warrant  was  issued  for  the  arrest  of  Peasant  Williams,  a 
member  of  the  House.  Armed  with  this  assumed  authority,  the 
Sergeant-at-Arms  proceeded  to  arrest  Mr.  Williams,  at  his  residence 
in  Carter  County,  forced  him  to  Nashville,  and  held  him  for  several 
days  a  prisoner  in  one  of  the  rooms  ot  the  Capitol.  While  thus 
held  as  a  prisoner,  Mr.  Williams,  through  counsel,  applied  to  Judge 
Frazier  for  a  writ  of  habeas  corpus.  The  writ,  as  a  matter  of 
course,  was  granted,  duly  served  and  returned  for  hearing,,  the  ques- 


203 

tions  of  law  and  fact  involved  in  the  case  were  argued  by  able  coun- 
sel, for  and  against  the  application,  and  after  due  consideration  his 
Honor  was  of  opinion  that  the  petitioner,  Williams,  was  illegally 
restrained  of  his  liberty  and  ordered  his  release. 

It  was  for  this  act  Judge  Frazier  was  impeached :  the  articles 
charging  his  judgment  was  erroneous,  and  pronounced  with  the 
corrupt  intent  of  hindering  the  organization  and  invading  the  privi- 
leges of  the  House;  and  upon  these  charges  he  was  arraigned, tried 
and  convicted,  removed  from  his  office  and  disqualified  from  ever 
afterwards  holding  any  office  under  the  authority  of  this  State, 

The  arrest  and  imprisonment  of  Mr.  Williams  proceeded  from  a 
misapprehension  of  the  constitutional  power  of  the  House  in  the 
premises.  The  only  clause  in  the  Constitution  of  Tennessee  (Ar- 
ticle H,  Section  11,)  relating  to  this  question-,  is  in  the  following 
words :  '  Two-thirds  of  each  House  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  be  authorized  by  law  to  compel  the  attendance  of  absent  mem- 
bers.' But  this  provision  does  not  authorize  a  minority  or  less  than 
a  quorum  of  either  House  of  the  General  Assembly,  in  the  absence 
of  legislation  upon  the  subject,  to  enforce  the  attendance  of  absent 
members.  Such  was  not  the  intention  of  the  framers  of  our  Con- 
stitution, but  their  purpose  was,  as  the  language  used  by  them  clear- 
ly imports,  to  authorize  the  Legislature  to  provide  by  law  for  such 
a  contingency.  Upon  this  point  there  was  no  diversity  of  opinion 
until  the  impeachment  of  Judge  Frazier.  Mr.  Gushing,  a  writer 
of  acknowledged  ability  upon  '  The  Elements  of  the  Law  and  Prac- 
tice of  Legislative  Assemblies/  Section  257,  commenting  on  this 
clause  of  our  Constitution,  says : 

'  Clauses  of  this  description  authorize  ^the  Legislatures  of  the 
States  in  which  they  prevail,  to  provide  by  law,  that  such  Legisla- 
tive Assembly,  though  containing  less  than  a  quorum,  may  compel 
the  attendance  of  its  members ;  and  this  authority  may  as  well  be 
exercised  so  as  to  relate  to  the  first  assembling,  as  after "  the  consti- 
tution of  the  first  Assembly.  When  this  is  the  case,  if  the  requis- 
ite number  do  not  appear,  those  who  do,  may  of  course,  resort  to 
the  measures  provided  by  law,  to  compel  the  attendance  of  absent 
members.'  r' 

In  the  absence,  therefore,  of  the  legislation  contemplated  by  the 
clause  of  our  Constitution  recited  above,  and  there  was  none,,  au- 
thorizing the  arrest  and  imprisonment  of  members  for  non-attend- 
ance, the  action  against  Mr.  Williams  was  unathorized  and  illegal. 
Having  no  authority  themselves,  the  members  assembled  could  com- 
municate none  to  their  Sergeant-at-arms  ;  and  being  illegally  re- 
strained of  his  liberty,  it  was  a  plain  and  impeartive  duty  imposed 
by  law  upon  Judge  Frazier,  upon  Williams'  application  made  in 
pursuance  of  law,  to  issue  the  writ  of  habeas  corpus  prayed  for. 


204 

A  refusal  to  have  done  so  under  the  circumstances  of  the  case,  would 
have  been  a  gross  Hireliction  of  duty,  and  subjected  Judge  Frazier 
to  heavy  pecuniary  damages.  So  the  Convention  will  perceive  that 
in  the  judgment  of  your  Committee  Judge  Frazier  wTas  impeached 
at  a  period  of  high  party  excitement,  convicted  and  punished.,  not 
for  any  abuse  of  his  judicial  powers,  but  for  a  manly,  hont-st,  correct 
and  enlightened  administration  of  the  law,  and  in  consequence, 
there  is  a  strong  obligation  resting  upon  this  Convention,  to  relieve 
Judge  Frazier  of  the  disabilities  imposed  by  said  conviction  and 
judgment,  if  he  has  not  been  already  relieved  by  the  action  recently 
taken  by  the  General  Assembly  in  his  behalf. 

A  majority  of  your  Committee,  however,  believe  that  the  Legis- 
lature possesses  the  constitutional  power  to  remove  disabilities  im- 
posed by  the  judgment  of  a  court  of  impeachment,  and  that  its  ac- 
tion recently  taken  in  regard  to  Judge  Frazier's  case  is  effective  to 
.restore  him  to  all  the  rights  and  immunities  which  he  possessed 
prior  to  his  conviction. 

But  as  this  power  is  not  expressly  given  by  the  existing  Consti- 
tution, and  as  there  is  some  conflict  of  opinion  on  this  point,  the 
•committee  have  directed  me  to  present  the  following  amendment, 
and  recommend  its  adoption  as  a  part  of  the  Constitution  to  be  framed 
by  this  Convention,  and  submitted  to  the  people  for  their  ratifica- 
tion : 

Insert  as  an  additional  section  of  the  5th  Article  the  following : 

"  See.  5.  The   Legislature  now  has,  and  shall  continue  to  have 
power  to  relieve  from  the  penalties  imposed,  any  person  disqualified 
from  holding  office  by  the  judgment  ot  a  Court  of ,  Impeachment." 
Respectfully  submitted, 

JOHN  BAXTER,  Chairman. 

On  motion  of  Mr.  HOUSE,  of  Williamson,  the  proposed  amend- 
ment of  the  Committee  was  adopted. as  Section  5,  of  Article  V,  of 
the  Constitution. 

On  motion  of  Mr.  HOUSE,  of  Williamson,  it  was  ordered  that  100 
copies  of  the  report  be  printed  for  the  use  of  the  Convention. 

THE    JUDICIARY. 

The  Convention  proceeded  to  the  consideration  of  the  special 
order  of  the  day,  the  resolutions  of  Mr.  NICHOLSON,  relative  to  the 
Judiciary. 

Resolution  No.  L  "  It  is  the  judgment  of  the  Convention  that 
the  offices  now  held  by  the  Supreme  Judges,  Chancellors,  Circuit 
Judge,  Criminal  Judges,  Attorney-General,  and  Reporter  for  the 
State  and  District  Attorneys,  shall  be  vacated  after  the  ratification 


205 

by  the  people  of  the  amended  Constitution,  at  such  time  as  may  be 
therein  prescribed," 

Was,  under  the  operation  of  the  previous  question,  adopted. 

Mr.  (1ypi;iiT  demanded  the  yeas  and  nays,  which  were  ordered, 
resulting  as  follows : 

Yeas.. 55 

Nays 16 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Baxter,  Blizard,  Brandon,  Britton, 
Brooks,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell, 
Carter,  Chowning,  Cummings,  Deaderick,  Deavenport,  Doherty, 
Dromgoole,  Fentress,  Fielder,  Fulkerson,  Gardner,  Garner,  Gaut, 
Gibbs,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie, 
Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Kirkpatrick,  Kyle, 
McDougal,  McNabb,  Martin,  Morris,  Meeks,  Netherland,  Nichol- 
son, Porter  of  Henry,  Seay,  Shepard,  Shelton,  Stephens,  Taylor, 
Thompson  of  Maury,  Turner,  Walters,  Warner,  Williamson  and 
Wright — 55, 

Those  voting  in  the  negative  are : 

Messrs.  Blackburn,  Branson,  Brown  of  Davidson,  Coffin,  Cypert, 
Dibbrcll,  Finley,  Gibson,  House  of  Williamson,  House  of  David- 
son, Roberston,  and  Montgomery,  Key,  Mabry,  Parker,  Porter  of 
Hay  wood,  Sample,  and  Staley — 16. 

Resolution  No.  2.  "  It  is  the  judgment  of  this  Convention  that 
the  Supreme  Judges,  Chancellors,  Circuit  Judges,  Criminal  Judges, 
Attorney  and  Reporter  for  the  State,  and  the  States  Attorneys  for 
the  District,  be  appointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate." 

Mr.  KIKKPAIKKJK  offered  the  following  in  lieu  of  resolution 
No.  2  : 

It  is  the  judgment  of  this  Convention  that  the  Supreme  Judges 
with  the  Attorney  General  and  Reporter  for  the  State,  be  elected  by 
the  qualified  voters  of  the  State  at  large ;  and  that  the  Chancellors, 
Criminal  and  Circuit  Judges,  and  District  Attorneys-General,  be 
elected  by  the  qualified  voters  of  their  respective  districts  or  cir- 
cuits. 

Mr.  GIBSON  offered  the  following  amendment  to  Mr.  Kirk- 
patriek's  resolution  in  lieu.: 

Add:  "And  that  no  Delegate  in  this  Convention  shnll  be  eligible 
i'>  Till  any  of  the  vacancies  created  by  the  new  Constitution. " 

Mr.  STEPHENS  moved  to  lay  the  amendment  of  Mr.  Gib. on  on 
the  table. 


206 

Mr.  GIBSON  demanded  the  yeas  and  nays,  which  were  ordered ? 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 61 

Nays , .11 

Those  voting  in  the  affiative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Blizard,  Britton,  Brooks,  Brown 
of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell.  Carter,  Chown- 
ing,  Coffin,  Cummings,  Deaderick,  Deavenport,  Dibbrell,  Drom- 
goole,  Fentress,  Fielder,  Gardner,  Garner,  Gaut,  Gibbs,  Heiskell, 
Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson, 
House  of  Davidson,  Robertson  and  Montgomery,  Ivie,  Jones  of 
Lincoln,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle,  Mabry, 
McDougal,  McNabb,  Martin,  Morris,  Meeks,  Netherland,  Nichol- 
son, Porter  of  Hay  wood,  Porter  of  Henry,  Seay,  Shepard,  Shelton, 
Stephens,  Taylor,  Thompson  of  Maury,  Turner,  Walters,  Warner, 
Williamson,  Wright  and  President  Brown — 61. 

Those  voting  in  the  negative  are  : 

Messrs.  Blackburn,  Brandon,  Branson,  Brown  of  Davidson, 
Cypert,  Doherty,  Finley,  Gibson,  Parker,  Sample  and  Staley — 11. 

Mr.  ALLEN  moved  to  lay  the  resolution  of  Mr.  Kirkpatrick  on 
the  table,  and  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  rejected. 

Yeas.... 19 

Nays .  ..50 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Brown  of  Davidson,  Campbell,  Carter, 
Heiskell,  House  of  Williamson,  House  ot  Davidson,  Robertson  and 
Montgomery,  Ivie,  Jones  of  Giles,  Kennedy,  Kyle,  Netherland, 
Nicholson,  Porter  of  Haywood,  Shelton,  Staley,  Stephens,  Thomp- 
son of  Maury,  and  Turner — 1$. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Blackburn,  Blizard,  Branson,  Brandon,  Britton, 
Brooks,  Brown  of  Henry,  etc.,  Burkett,  Benton,  Byrne,  Chowning, 
Coffin,  Cummings,  Cypert,  Deaderick,  Deavenport,  Dibbrell, 
Doherty,  Dromgoole,  Fielder,  Finley,  Fulkerson,  Gardner,  Garner, 
Gaut,  Gibbs,  Gibson,  Henderson,  Hill  of  Warren,  Hill  of  Gibson, 
Jones  of  Lincoln,  Key,  Kirkpatrick,  Mabry,  McDougal,  McNabb, 
Martin,  Morris,  Meeks,  Parker,  Porter  of  Henry,  Sample,  Seay, 
Shepard,  Taylor,  Walters,  Warner,  Williamson  and  Wright — 50. 

The  Convention  took  a  recess  until  2J  o'clock. 


207 


AFTERNOON  SESSION. 

Mr.  JONES  of  Giles,  offered  the  following  in  lieu  of  Mr.  Kirk- 
pat  rick's  resolution :  x 

It  is  the  judgment  of  the  Convention  that  the  Judges  of  the  Su- 
preme Court,  Chancellors,  Circuit  Judges,  Criminal  Judges,  Attor- 
ney and  Reporter  for  the  State,  and  the  State's  Attorneys  for  the 
district,  be  appointed  by  the  Legislature,  in  joint  convention 
assembled. 

On  motion  of  Mr.  GARNER,  the  amendment  was  laid  on  the  table. 

Mr.  BROWN,  of  Davidson,  offered  the  following  amendment  in 
lieu  of  Mr.  Kirkpatrick's  : 

Resolved,  That  the  Supreme  Judges  shall  be  appointed  by  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  but 
the  Chancellors,  Circuit  Judges,  Criminal  Judges,  Attorney  and 
Reporter  of  the  State,  and  State's  Attorneys  of  the  district,  shall  be 
elected  by  the  qualified  voters  as  now  provided. 

Which  was  rejected  by  the  Convention. 

Mr.  THOMPSON,  of  Davidson,  submitted  the  following  in  lieu  of 
Mr.  Kirkpatrick's  resolution  : 

It  is  the  judgment  of  the  Convention  that  the  Supreme  Judges 
should  be  appointed  by  the  Governor  and  confirmed  by  two-thirds 
of  the  entire  Senate;  that  the  Attorney  General  and  Reporter 
should  be  selected  from  the  bar  and  appointed  by  the  Judges  of  the 
Supreme  Court ;  and  that  the  Chancellors,  Circuit  Judges,  Judges 
of  Criminal  Courts,  and  District  Attorneys  General,  be  elected  by 
the  qualified  voters  of  their  respective  districts  or  circuits. 

Mr.  DEAVENPORT  moved  to  lay  the  amendment  of  Mr.  Thomp- 
son on  the  table. 

Mr.  KENNEDY  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  lay  on  the  table  sustained  : 

Yeas :...46 

Nays 21 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Branson,  Brandon,  Britton, 
Brooks,  Brown  of  Henry,  etc.,  Burton,  Chowning,  Coffin,  Cum- 
mings,  Cypert,  Deaderick,  Deavenport,  Dibbrell,  Doherty,  Drom- 
goole,  Fentress,  Fielder,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Hill 


208 

of  Warren,  Hill  of  Gibson,  Jones  of  Lincoln,  Kirkpatrick,  Kyle, 
McDougal,  McNabb,  Martin,  Morris,  Meeks,  Parker,  Porter  of 
Henry,  Sample,  Seay,  Shepard,  Taylor,  Turner,  Walters,  Warner, 
Williamson  and  Wright — 46. 

Those  voting  in  the  negative  are : 

Messrs.  Blackburn,  Brown  of  Davidson,  Byrne>  Carter,  Gordon, 
Heiskell,  Henderson,  House  of  Williamson,  House  of  Davidson, 
etc.,  Jones  of  Giles,  Kennedy,  Key,  Netherland,  Nicholson,  Porter 
of  Haywood,  Shelton,  Staley,  Stephens,  Thompson  of  Davidson 
and  Thompson  of  Maury — 21, 

Mr.  KIRKPATRICK'S  resolution  was  then  adopted  in  lieu  of  reso- 
lution No.  2,  of  Mr.  Nicholson,  by  the  following  vote : 

Yeas 49 

Nays 23 

Those  voting  in  the  affirmative  are  :/ 

Messrs.  Arledge,  Blizard,  Brandon,  Branson,  Britton,  Brooks, 
Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Chowning,  Coffin, 
Cummings,.  Cypert,  Deavenport,  Dibbrell,  Doherty,  Dromgoole, 
Fentress,  Fielder,  Finley,  Fulkerson,  Gardner,  Garner,  Gaut,  Gibbs, 
Gibson,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Jones  of  Lin- 
coln. Key,  Kirpatrick,  Mabry,  McDougal,  McNabb,  Martin,  Meeks, 
Morris,  Parker,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Taylor, 
Walters,  Wrarner,  Williamson  and  Wright — 4&.. 

Those  voting  in  the  negative  are  : 

Messrs,. Allen,  Bate,  Baxter,  Brown  of  Davidson,  Campbell,  Car- 
ter, Gordon,  Heiskell,  House  of  Williamson,  House  of  Davidson, 
etc.,  Ivie,  Jones  of  Giles,  Kennedy,  Kyle,  Netherland,  Nicholson, 
Porter  of  Haywood,  Shelton,  Staley,  Stephens,  Thompson  of  David- 
son,^ of  Maury  and  Turner — 23. 

Mr.  BURTON  submitted  the  following  resolution : 
Resolved,  That  the  Legislature  shall    so   provide  that  but  two 
terms  of  the  Circuit  Court  shall  be  held  in  any  county  in  each  year, 
and  shall  further  provide  that  every  cause  shall  stand    for   trial    at 
the  tirst  term. 

Mr.  BLIZARD  moved  to  lay  the  resolution  on  the  table.  The 
yeas  and  nays  were  ordered  and  the  motion  to  lay  on  the  table  sus- 
tained : 

Yeas 59 

Nays 11 

Those  voting  in  the  affirmative  are  : 

Messrs.  Baxter,  Blizard,  Brandon,  Branson,  Britton,  Brown  <  \ 
Davidson,  Burkett,  Carter,  Chowning,  Coffin,  Cummings,  Cypert, 


209 

IVaderick,  Doherty,  Dromgoole,  Fentress,  Fielder,  Finley,  Fulker- 
son,  Garner,  Gaut,  Gibbs,  Gibson,  Gordon,  Heiskell,  Henderson, 
Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of 
Davidson,  etc.,  Ivie,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy, 
Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal,  McNabb,  Martin, 
Meeks,  Morris,  Netherland,  Nicholson,  Parker,  Porter  of  Hay  wood, 
Sample,  Seay,  Shepard,  Shelton,  Staley,  Stephens,  Taylor,  Thomp- 
son of  Maury,  Turner,  Walters,  Warner  and  Williamson — 59. 

Those  voting  in  the  negative  are : 

Messrs.  Brooks,  Brown  of  Henry,  etc.,  Burton,  Byrne,  Campbell, 
Dibbrell,  Gardner,  Porter  of  Henry,  Thompson  of  Davidson,  Wright 
and  President  Brown — 11. 

On  motion  of  Mr.  NICHOLSON  the  further  consideration  of  the 
resolutions  submitted  by  him,  was  postponed,  and  the  Convention 
proceeded  to  the  consideration  of  the 

EEPOET    OF    COMMITTEE    ON   THE    JUDICIARY. 

Mr.  HILL,  of  Gibson,  offered  the  substitute  presented  by  him  on 
a  former  day  in  lieu  of  the  report  of  the  majority  of  the  Committee  : 

Mr.  BURTON  offered  the  following  amendment : 

The  Supreme  Court  shall  be  composed  of  five  Judges  to  be  chos- 
en as  follows  : 

One  shall  be  elected  by  the  qualified  voters  of  each  of  the  thre^e 
Grand  Divisions  of  the  State,  and  the  remaining  two  shall  be  nom- 
inated by  the  Governor  from  the  State  at  large  and  confirmed  by 
the  Senate. 

On  motion  of  Mr.  DEAVENPORT  the  amendment  was  laid  on  the 
table. 

Mr.  STEPHENS  submitted  the  following  amendment : 

Strike  out  from  Section  13,  of  Article  VI,  all  of  the  first  four 
lines  except  the  word  "  clerks"  at  the  end  of  fourth  line  and  insert 
in  lieu  thereof:  Clerks  of  the  Supreme  Court  shall  be  elected  for 
the  term  of  six  years,  by  the  qualified  voters  of  the  Division ;  and 
Clerks  and  Masters  of  the  Chancery  Court  shall  be  elected  for  the 
term  of  six  years  by  the  qualified  voters  of  the  County  or  District. 

Which  was  adopted  by  the  Convention. 

On  motion  of  Mr.  THOMPSON,  of  Davidson,  the  Convention  ad- 
journed until  to-morrow  morning   at  9J  o'clock. 
14 


210 


WEDNESDAY  MORNING   FEBRUARY  2,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Dr.  BAIRD. 

The  Journal  of  yesterday  was  read  and  approved. 

AMENDMENTS  '.PROPOSED. 

Mr.  BLACKBURN  presented  the  following  amendment  to  the  Con- 
stitution : 

WHEREAS,  There  cannot  be  made  any  law  as  a  part  of  the  fun- 
damental law  of  this  State  outside  of  the  Constitution  of  the  United 
States  ;  Therefore,  be  it  resolved,  That  this  Convention  will  studious- 
ly observe  the  same  and  avoid  the  making,  or  passage,  of  any  law 
infringing  on  said  Constitution  of  the  United  States,  and  that  the 
following  be  made  a  part  of  the  Constitution  of  Tennessee : 

Section  1.  That  this  State  shall  not  make,  nor  enforce,  any  law, 
which  shall  abridge  the  privileges,  or  immunities,  of  any  of  its  citi- 
zens, nor  shall  any  law  be  made  which  shall  deprive  any  person  of 
life,  liberty  or  property  without  due  process  of  law.  Nor  deny  to 
any  person  within  its  jurisdiction,  the  equal  protection  of  the  laws. 

Sec.  2.  That  when  the  right  to  vote  at  any  election  for  the  choice 
of  electors  for  President  and  Vice  President  of  the  United  States, 
Representatives  in  Congress,  the  Executive  and  Judicial  officers  of 
the  State,  or  the  members  of  the  Legislature  thereof,  is  denied  to 
any  of  the  male  inhabitants  of  this  State,  being  twenty-one  years 
of  age  and  citizens  of  the  United  States,  or  in  any  way  abridged, 
the  basis  of  representation  shall  be  reduced  in  the  proportion  which 
the  number  of  such  male  citizens  shall  bear  to  the  whole  number  of 
male  citizens,  twenty-one  years  of  age  in  this  State. 

Sec.  3.  No  person  shall  be  eligible  as  a  Senator  or  Representative 
in  Congress  or  elector  of  President  and  Vice  President,  or  hold  any 
office,  civil  or  military  under  this  State,  who,  having  previously 
taken  an  oath  as  a  member  of  Congress  or  as  an  officer  of  the 
United  States,  or  as  a  member  of  the  State  Legislature,  or  as  an 
Executive  or  Judicial  officer  of  the  State,  shall  have  engaged  in  in- 
surrection or  rebellion  against  the  same,  or  given  aid  or  comfort  to 
the  enemies  thereof.  Unless  such  person  shall  first  have  his  disa- 
bilities removed  as  required  in  the  3d  Section,  of  the  14th  Amend- 
ment to  the  Constitution  of  the  United  States. 


211 

Sec.  4.  The  validity  of  the  National  debt,  authorised  by  law,  in- 
cluding debts  incurred  for  the  payment  of  pensions  and  bounties  in 
suppressing  insurrection  or  rebellion  shall  not  be  questioned.  But, 
this  State  shall  not  assume,  or  pay,  any  debt,  or  obligation  incurred 
in  aid  of  insurrection  or  rebellion  against  the  Government  of  the 
United  States,  or  any  claim  for  the  emancipation  of  any  slave,  bat 
all  such  debts,  obligations  and  claims  shall  be  held  illegal  and  void. 

Sec.  5.  That  the  right  to  vote  and  hold  office  by  any  citizen  of 
this  State  shall  not  be  denied  or  abridged  by  any  law  of  this  State 
on  account  of  race  or  color,  or  previous  condition  of  servitude. 

Sec.  6.  That  the  Legislature  shall  have  power  to  enforce  all  the 
above  laws  and  parts  thereof,  by  appropriate  legislation. 

Which  were  read  and  referred  to  the  Committee  on  Miscellaneous 
Provisions. 


MEMORIALS. 

Mr.  BROWN,  of  Henry,  etc.,  presented  a  memorial  from  citizens 
of  Henry,  Carroll  and  Weakley  counties,  praying  the  creation  of  a 
new  County  out  of  portions  of  said  counties,  which,  without  being 
read  was  referred  to  the  Committee  on  New  Counties  and  County 
Lines. 

Mr.  STEPHENS  presented  a  memorial  from  citizens  of  Marion 
County,  praying  to  be  attached  to  the  County  of  Grundy,  which, 
without  being  read,  was  referred  to  the  Committee  on  New  Counties 
and  County  Lines. 

Mr.  KEY  presented  a  memorial  from  citizens  of  Roane,  Monroe 
and  Blount  counties,  praying  for  the  establishment  of  a  new  county 
out  of  portions  of  said  counties,  which,  without  being  read,  was  re- 
ferred to  the  Committee  on  New  Counties  and  County  Lines. 

REPORT    OF    COMMITTEE   ON   ELECTIONS. 

Mr.  NICHOLSON  from  the  Committee  on  Elections  made  the  fol- 
lowing report : 

The  Committee  on  Elections  and  Right  of  Suffrage  have  had 
under  consideration  the  resolutions  of  Mr.  Heiskell  and  Mr.  Gard- 
ner, as  to  the  time  when  the  amended  Constitution  shall  be  sub- 
mitted to  the  people  for  their  ratification  or  rejection,  and  have 
directed  me  to  recommend  the  adoption  of  Mr.  Gardner's  resolution 
as  follows : 

"  Resolved,  That  the  Legislature  now  in  session  is  hereby  request- 


212 

eel,  with  as  little  delay  as  possible,  to  pass  a  law  changing  the  time 
of  holding  the  election  for  county  officers,  from  the  first  to  the  fourth 
Saturday  in- March  next,  to  afford  time  to  this  Convention  to  finish 
its  labors,  and  submit  the  result  to  the  people  for  ratification  or  re- 
jection, at  said  election  of  County  officers. 

The  Committee  have  also  considered  the  resolution  of  Mr.  Wright, 
as  to  the  expediency  of  declaring  all  civil  officers  (except  those  held 
by  the  Governor  and  Legislature)  vacant  upon  the  ratification  of 
the  amended  Constitution,  and  have  instructed  me  to  recommend 
that  the  offices  held  by  Justices  of  the  Peace  be  declared  vacant 
upon  the  ratification  of  the  amended  Constitution. 

The  Committee  instruct  me  to  ask  to  be  discharged  from  the  other 
portions  of  the  resolution. 

All  of  which  is  respectfully  submitted, 

A.  O.  P.  NICHOLSON, 

Chairman. 

EEPOET     CONSIDEEED. 

On  motion  of  Mr.  GAENEE  the  rules  were  suspended  and  the 
report  of  the  Committee  taken  up,  when  Mr.  Garner  offered  the  re- 
solution of  Mr.  Turner,  to  submit  the  Constitution  to  a  vote  of  the 
people  on  the  first  Saturday  in  March  next,  in  lieu  of  the  resolution 
recommended  by  the  Committee. 

Mr.  DEAVENPOET  demanded  the  yeas  and  nays,  which  were  or- 
dered and  the  substitute  offered  by  Mr.  Garner  was  rejected: 

Yeas 14 

Kays 56 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Blizard,  Burkett,  Byrne,  Dibbrell,  Doherty,  Gar- 
ner, Hill  of  Warren,  Hbuse  of  Montgomery,  etc.,  Kirkpatrick, 
Porter  of  Henry,  Shelton,  Thompson  of  Maury,  and  Turner — 14, 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Bate,  Baxter,  Blackburn,  Branson,  Brandon, 
Britton,  Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Bur- 
ton, Campbell,  Carter,  Coffin,  Cummings,  Cypert,  Deaderick,  Deav- 
enport,  Dromgoole,  Fentress,  Fielder,  Finley,  Fulkerson,  Gardner, 
Gaut,  Gibbs,  Gibson,  Gordon,  Henderson,  Hill  of  Gibson,  House 
of  Williamson,  Ivie,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy, 
Key,  Kyle,  Mabry,  McDougal,  McNabb,  Martin,  Morris,  Meeks, 
Netherland,  Nicholson,  Parker,  Porter  of  Haywood,  Sample,  Seay, 
Shepard,  Staley,  Stephens,  Taylor,  Thompson  of  Davidson,  Walters, 
Warner,  Williamson  and  Wright — 56. 


213 

The  resolution  recommended  by  the  Committee  was  then 
adopted. 

Mr.  GIBSON  demanded  the  yeas  and  nays,  which  were  ordered, 
and  resulted  as  follows  : 

Yeas 48 

Nays 24 

Those  voting  in  the  affirmative  are  : 

Messrs.  Ar ledge,  Bate,  Baxter,  Brandon,  Brooks,  Brown  of  Da- 
vidson, Brown  of  Henry,  etc.,  Burkett,  Burton,  Campbell,  Chown- 
ing,  Coffin,  Cummings,  Cypert,  Deavenport,  Dibbrell,  Doherty, 
Dromgoole,  Fielder,  Gardner,  Garner,  Gaut,  Gordon,  Henderson, 
Hill  of  Gibson,  House  of  Williamson,  Ivie,  Jones  of  Lincoln, 
Jones  of  Giles,  Kennedy,  Key,  Kyle,  Mabry,  McDougal,  McNabb, 
Martin,  Meeks,  Morris,  Netherland,  Nicholson,  Sample,  Seay,  Tay- 
lor, Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Walt- 
ers, Williamson,  and  Wright — 48. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Blizard,  Branson,  Britton,  Byrne,  Carter,  Dead- 
erick,  Fentress,  Finley,  Fulkerson,  Gibbs,  Gibson,  Heiskell,  Hill 
of  Warren,  House  of  Montgomery,  etc.,  Kirkpatrick,  Parker, 
Porter  of  Haywood,  Porter  of  Henry,  Shepard,  Shelton,  Staley, 
Stephens,  and  Warner — 24. 

On  motion  of  Mr.  NICHOLSON,  the  remainder  of  the  report  of 
the  Committee  was  laid  on  the  table. 

REPORT  ON  JUDICIARY  FURTHER  CONSIDERED. 

The  Convention  proceeded  to  the  consideration  of  the  unfinished 
business  of  yesterday — the  Report  of  the  Committee  on  the  Judi- 
ciary. 

Mr.  BRITTON  submitted  the  following  preamble  and  resolution  : 

WHEREAS,  It  is  the  expressed  judgment  of  this  Convention  to 
remove  the  present  incumbents  in  the  judiciary  department  at  some 
time  to  be  agreed  upon  in  this  Constitution ;  and 

WHEREAS,  It  is  also  the  judgment  of  the  Convention  to  retain 
in  the  Constitution  the  right  of  the  people  to  elect  the  Judiciary ; 
and 

WHEREAS,  Such  expressed  judgment  is  more  in  accordance  with 
the  present  Constitution  than  either  the  majority  or  minority  reports, 
or  any  substitute ;  therefore, 

Resolved,  That  the  Convention  will  pass  over  informally  the 
majority  and  minority  reports,  and  take  up  Articles  V  and  VI  as 
they  stand  in  our  present  Constitution,  and  read  them  section  by 


214 

section  and  amend  them  so  as  to  conform  to  the  heretofore  ex- 
pressed judgment  of  the  Convention. 

Which  lies  over  under  the  rule. 

THE  MAJORITY  REPORT. 

Mr.  BROWN,  of  Davidson,  submitted  the  following  resolution : 

Resolved,  That  the  Convention  proceed  to  consider  the  majority 
report  of  the  Judiciary  Committee  section  by  section,  and  when  the 
same  is  perfected  it  shall  be  in  order  to  oifer  any  amendment  in 
lieu  of  the  whole. 

Which  was  adopted  by  the  Convention. 

Section  1  of  Article  II,  as  reported  by  the  majority  of  the  Com- 
mittee, was  adopted  by  the  Convention. 

Mr.  GAUT  proposed  to  amend  Section  2  by  striking  out  the  words 
in  italics  and  inserting  "  the  senior  Judge  of  the  Supreme  Court,  or 
if  he  be  on  trial,  the  senior  of  the  two  remaining  Judges  shall  pre- 
side over  them." 

Mr.  GAUT  subsequently  withdrew  his  amendment. 

Section  2,  as  recommended  by  the  majority  of  the  Committee, 
was  then  adopted  by  the  Convention. 

Section  3  was  adopted  without  amendment. 

Section  4  was  amended  by  inserting  after  the  word  State  in  second 
line,  the  words  "  Comptroller,  Treasurer,"  and  as  thus  amended, 
was  adopted  by  the  Convention. 

Section  5  was  adopted  without  amendment. 

Section  1,  Article  VI,  was  taken  up,  when  Mr.  HILL,  of  Gibson, 
offered  the  following  in  lieu  of  the  report  of  the  majority. 

ARTICLE  VI. 

Section  1.  The  Judicial  power  of  this  State  shall  be  vested  in  one 
Court  of  Errors  and  Appeals,  and  in  three  Supreme  Courts,  and  in 
such  Circuit,  Chancery,  and  other  inferior  Courts  as  the  Legislature 
shall,  from  time  to  time,  ordain  and  establish,  and  the  Judges 
thereof,  and  in  Justices  of  the  Peace.  The  Legislature  may  also 
vest  such  jurisdiction  in  Corporation  Courts  as  may  be  deemed  nec- 
essary. Courts  to  be  h olden  by  Justices  01  the  Peace  may  also  be 
established. 


215 

Mr.  McDouGAL,  offered  the  following  amendment,  to  be  inserted 
after  the  8th  line,  Section  2  : 

Immediately  after  the  ratification  of  this  Constitution,  the  Legis- 
lature, by  joint  ballot  of  both  Houses,  shall  elect  a  Special  Commis- 
sion, to  consist  of  two  additional  Judges  for  each  Grand  Division 
of  the  State,  who  shall,  with  the  Supreme  Judge  of  their  respective 
Grand  Divisions,  constitute  three  separate  Supreme  Courts,  with 
full  power  and  jurisdiction  to  hear  and  determine  all  causes,  now 
pending  or  which  may  be  pending  in  the  Supreme  Court  at  Knox- 

ville,  Nashville  and  Jackson;  said  Commission  to  expiie  on  the 

day  of  ,  1871. 

Mr.  PORTER  moved  to  lay  the  amendment  on  the  table,  which 
motion  failed. 

Mr.  BURTON  demanded  the  yeas  and  nays  on  the  adoption  of  the 
amendment,  which  were  ordered,  and  the  amendment  rejected. 

Yeas 10 

Nays 57 

Those  voting  in  the  affirmative  are : 

Messrs.  Brown  of  Davidson,  Cypert,  Deavenport,  Key,  Mc- 
Dougal,  Meeks,  Nicholson,  Thompson  of  Davidson,  Thompson  of 
Maury,  and  Walters — 10. 

Those  voting  in  the  negative  are : 

Messrs.  Blizard,  Branson,  Brandon,  Britton,  Brooks,  Brown  of 
Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell,  Carter,  Chowning, 
Coffin,  Cummings,  Deaderick,  Dibbrell,  Doherty,  Dromgoole,  Fen- 
tress,  Fielder,  Finley,  Fulkerson,  Garner,  Gaut,  Gibbs,  Gibson, 
Gordon,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Davidson,  etc.,  Ivie,  Jones  of 
Giles,  Kennedy,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin,  Mor- 
ris, Netherland,  Parker,  Porter  of  Haywood,  Porter  of  Henry, 
Sample,  Seay,  Shepard,  Shelton,  Staley,  Stephens,  Taylor,  Turnery 
Warner,  Williamson  and  Wright — 57. 

The  Convention  took  a  recess  until  2J  o'clock  P.  M. 


216 


AFTEKNOON  SESSION. 

Mr.  JONES,  of  Lincoln,  moved  to  amend  by  striking  out  the 
words  "  Circuit,  Chancery  and  other,"  in  the  first  and  second  lines. 

Mr.  KEY  moved  to  lay  the  amendment  on  the  table. 

Mr.  McDouGAL  demanded  the  yeas  and  nays,  which  were  or- 
dered, and  the  motion  to  lay  on  the  table  sustained. 

Yeas 39 

Nays 19 

Those  voting  in  the  affirmative  are  : 

Messrs.  Baxter,  Branson,  Brooks,  Brown  of  Henry,  etc.,  Burton, 
Chowning,  Deaderick,  Doherty,  Fentress,  Gardner,  Garner,  Gaut, 
Gibbs,  Gibson,  Heiskell,  Henderson,  Hill  of  Gibson,  House  of  Wil- 
liamson, House  of  Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Key, 
Kirkpatrick,  Kyle,  McDougal,  McNabb,  Martin,  Netherland, 
Nicholson,  Porter  of  Haywood,  Porter  of  Henry,  Seay,  Shepard, 
Shelton,  Staley,  Stephens,  Taylor,  Thompson  of  Davidson,  and 
Wright— 39. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Blizard,  Brandon,  Britton,  Byrne,  Coffin,  Cum- 
mings,  Dibbrell,  Dromgoole,  Fielder,  Fulkerson,  Hill  of  Warren, 
Jones  of  Lincoln,  Kennedy,  Morris,  Meeks,  Turner,  Waiters  and 
Warner — 19. 

On  motion  of  Mr.  HEISKELL,  the  amendment  of  Mr.  Hill  of 
Gibson,  was  laid  on  the  table. 

Mr.  PORTER,  of  Haywood,  demanded  the  previous  question, 
which  was  sustained,  and  Section  1,  Article  VI,  as  reported  by  the 
majority  of  the  Committee,"  was  adopted. 

Mr.  BAXTER  moved  to  reconsider  the  vote  adopting  said  section, 
and  further  moved  that  the  motion  to  reconsider  be  laid  on  the 
table,  which  motion  was  sustained. 

Mr.  WARNER  offered  the  following  in  lieu  of  Section  2,  as  re- 
ported by  the  Committee : 

The  Supreme  Court  shall  be  composed  of  three  Judges,  one  of 
whom  shall  reside  in  each  of  the  Grand  Divisions  of  the  State ;  the 
concurrence  of  two  of  said  Judges  shall,  in  every  case,  be  necessary 


217 

to  a  decision.  The  jurisdiction  of  this  Court  shall  be  appellate  only, 
under  such  restrictions  and  regulations  as  may,  from  time  to  time, 
be  prescribed  by  law ;  but  it  may  possess  such  other  jurisdiction  as 
is  now  conferred  by  law  on  the  present  Supreme  Court.  Said  Court 
slinll  be  held  at  one  place  only  in  each  of  the  three  Grand  Divisions 
of  the  State. 

Mr.  SAMPLE  offered  the  following  amendment : 

Amendment  to  Section  2,  of  Article  VI : 

The  Supreme  Court  shall  consist  of  three  Judges,  one  of  whom 
shall  reside  in  each  grand  division  of  the  State.  But  for  the  pur- 
pose of  disposing  of  the  accumulated  business  now  pending  in  the 
Supreme  Court,  there  shall  be  elected  by  the  qualified  voters  of  the 

State,  upon  the day  of ,  1870,  three  additional  Judges  of 

the  Supreme  Court,  one  of  whom  shall  reside  in  each  grand  division 
of  the  State,  who  shall  have  the  same  jurisdiction,  powers  and  sal- 
ary as  the  Supreme  Judges.  These  three  additional  Judges  of  the 
Supreme  Court  shall  only  have  authority  to  try  and  dispose  of  the 
cases  pending  in  the  Supreme  Courts  at  Knoxville,  Nashville  and 
Jackson,  at  the  time  of  their  election,  and  when  these  cases  are 
determined  and  decided  by  them  their  commission  shall  expire. 
These  three  additional  Judges  shall  hold  their  Courts  at  the  same 
time  and  places  as  the  Supreme  Court,  but  in  a  different  hall,  and 
they  shall  constitute  a  separate  and  distinct  Court,  whose  decisions 
shall  be  reported  by  the  Attorney-General  and  Reporter  for  the 
State,  but  in  a  separate  volume  or  volumes. 

On  motion  of  Mr.  PORTER,  of  Haywood,  the  amendments  of 
Mr.  Warner  and  Mr.  Sample  were  laid  on  the  table. 

Mr.  JONES,  of  Lincoln,  moved  to  amend  Section  2,  by  striking 
out  all  after  the  word  "  held,"  in  the  seventh  line,  and  inserting 
"  at  Knoxville,  Nashville  and  Jackson." 

Which  was  adopted  by  the  Convention. 

Mr.  McDouGAL  moved  to  amend  by  striking  out  the  word  "five," 
in  the  first  line,  and  inserting  "  three,"  and  by  striking  out  the 
word  "  two,"  in  first  line,  and  inserting  "  one." 

Mr.  McDouGAL  demanded  the  previous  question,  which  was  sus- 
tained. 

Mr.  FIELDER  demanded  the  yeas  and  nays  on  the  adoption  of  the 
amendment  of  Mr.  McDougal,  which  were  ordered,  and  the  amend- 
ment was  rejected. 

Yeas 31 

Nays 38 

Those  voting  in  the  affirmative  are: 

Messrs.  Blackburn;  Branson,  Brandon,   Britton,    Brooks,  Brown 


218 

of  Henry,  etc.,  Carter,  Chowning,  Cypert,  Deaderick,  Deavenport, 
Dibbrell,  Doherty,  Fielder,  Finley,  Fulkerson,  Gardner,  Gaut, 
Gibbs,  Gibson,  Hill  of  Warren,  Hill  of  Gibson,  Kirpatrick,  Kyle, 
McDougal,  McNabb,  Meeks,  Sample,  Staley,  Walters  and  Warner 
—31. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Baxter,  Blizard,  Brown  of  Davidson,  Burkett, 
Burton,  Campbell,  Coffin,  Cummings,  Dromgoole,  Fentress,  Gar- 
ner, Gordon,  Heiskell,  Henderson,  House  of  Williamson,  House  of 
Montgomery,  etc.,  I  vie,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy, 
Key,  Mabry,  Martin,  Morris,  Netherland,  Nicholson,  Porter  of  Hay- 
wood,  Porter  of  Henry,  Seay,  Shepard,  Shelton,  Stephens,  Taylor, 
Thompson  of  Davidson,  Turner,  Williamson  and  Wright — 38. 

Section  2,  as  amended,  was  then  adopted  by  the  Convention. 

Mr.  PORTER,  of  Henry,  moved  to  reconsider  the  vote  adopting 
said  section,  and  further  moved  to  lay  the  motion  to  reconsider  on 
the  table,  which  latter  motion  was  adopted. 

Mr.  HEISKELL  submitted  the  following  in  lieu  of  the  first  four 
lines  of  Section  3,  as  reported  by  the  majority  of  the  Committee  : 

The  Judges  of  the  Supreme  Court  shall  be  elected  by  the  quali- 
fied voters  of  the  State. 

The  Legislature  shall  have  power  to  prescribe  such  rules  as  may 
be  necessary  to  carry  out  the  provisions  of  Section  2,  of  this  Ar- 
ticle. 

Mr.  CAMPBELL  offered  the  following  amendment  to  the  amend- 
ment in  lieu  of  Mr.  Heiskell : 

Provided,  That  no  Indian,  Asiatic,  African,  mulatto  or  mustee 
shall  be  allowed  to  vote  in  any  election  for  judicial  officers  in  this 
State. 

Mr.  BAXTER  moved  to  lay  the  amendment  of  Mr.  Campbell  on 
the  table. 

Mr.  GIBSON  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 58 

Nays 8 

Those  voting  in  the  affirmative  are : 

Messrs.  Baxter,  Blizard,  Branson,  Brandon,  Britton,  Brooks, 
Brown  of  Davidson,  Burkett,  Burton,  Byrne,  Carter,  Chowning, 
Coffin,  Cummings,  Cypert,  Deaderick,  Dibbrell,  Doherty,  Drom- 
goole, Fielder,  Finley,  Fulkerson,  Gardner,  Garner,  Gaut,  Gibbs, 
Gibson,  Gordon,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gib- 


219 

son,  House  of  Williamson,  House  of  Montgomery,  etc.,  Ivie,  Jones 
of  Lincoln,  Kennedy,  Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal, 
McNabb,  Martin,  Morris,  Meeks,  Netherland,  Nicholson,  Porter  of 
II  ay  wood,  Sample,  Seay,  Staley,  Stephens,  Thompson  ot  Davidson, 
Turner,  Walters,  Warner  and  Wright — 58. 

Those  voting  in  the  negative  are  : 

Messrs.  Brown  of  Henry,  etc.,  Campbell,  Fentress,  Jones  of  Giles, 
Porter  of  Henry,  Shepard,  Taylor  and  Williamson — 8. 

Mr.  JONES,  of  Giles,  demanded  the  yeas  and  nays  on  the  adop- 
tion of  Mr.  HeiskelPs  amendment,  which  were  ordered,  and  the 
amendment  adopted. 

Yeas 46 

Nays 25 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Blackburn,  Blizard,  Branson,  Brandon,  Brit- 
ton,  Brooks,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Chown- 
ing,  Cummings,  Cypert,  Deavenport,  Dibbrell,  Doherty,  Dromgoole, 
Fentress,  Fielder,  Finley,  Fulkerson,  Garner,  Gaut,  Gibbs,  Gibson, 
Hill  of  Warren,  Hill  of  Gibson,  Jones  of  Lincoln,  Kirkpatrick, 
Mabry,  McDougal,  McNabb,  Martin,  Morris,  Meeks,  Netherland, 
Porter  of  Henry,  Sample,  Seay,  Shepard,  Taylor,  Walters,  Warner, 
Williamson  and  Wright — 46. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Baxter,  Brown  of  Davidson,  Campbell,  Carter, 
Coffin,  Deaderick,  Gardner,  Gordon,  Heiskell,  Henderson,  House 
of  Williamson,  House  of  Davidson,  Robertson  and  Montgomery, 
Ivie,  Jones  of  Giles,  Kennedy,  Key,  Kyle,  Nicholson,  Porter  of 
Haywood,  Shelton,  Staley,  Stephens,  Thompson  of  Davidson,  and 
Turner — 25. 

Mr.  JONES,  of  Lincoln,  moved  to  amend  by  striking  out  the 
word  "  twelve,"  in  the  sixth  line,  and  inserting  "  eight"  and  de- 
manded the  yeas  and  nays,  which  were  ordered,  and  the  amend- 
ment was  adopted. 

Yeas 37 

Nays 34 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Blackburn,  Blizard,  Branson,  Britton,  Brooks, 
Brown  of  Henry,  etc.,  Burkett,  Burton,  Ch owning,  Coffin,  Cum- 
mings, Cypert,  Deaderick,  Dibbrell,  Doherty,  Fielder,  Finley,  Ful- 
kerson, Garner,  Gibbs,  Gibson,  Hill  of  Warren,  Hill  of  Gibson, 
Jones  of  Lincoln,  Mabry,  McDougal,  McNabb,  Morris,  Meeks, 


220 

Sample,    Stephens,    Taylor,    Walters,    Warner,     Williamson    and 
Wright— 37. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Baxter,  Brandon,  Brown  of  Davidson,  Byrne, 
Campbell,  Carter,  Deaderick,  Dromgoole,  Fentress,  Gardner,  Gaut, 
Gordon,  Heiskell,  Henderson,  House  of  Williamson,  House  of 
Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Kennedy,  Key,  Kirkpat- 
rick,  Kyle,  Martin,  Netherland,  Nicholson,  Porter  of  Hay  wood, 
Porter  of  Henry,  Seay,  Shepard,  Shelton,  Staley,  Thompson  of 
Davidson,  and  Turner — 34. 

Mr.  BAXTER  moved  to  amend  by  striking  out  the  word  "  five'7 
and  inserting  the  word  "  three,"  in  the  sixth  line. 

Mr.  CAMPBELL  moved  to  amend  by  striking  out  the  word  "  five" 
and  inserting  "  nine,"  in  the  sixth  line,  Section  3. 

Mr.  JONES,  of  Lincoln,  demanded  a  "division  of  the  question, 
which  was  ordered,  and  a  vote  taken  on  the  motion  to  strike  out. 

Mr.  BAXTER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  strike  out  failed. 

Yeas 17 

Nays 54 

Those  voting  in  the  affirmative  are : 

Messrs.  Baxter,  Blackburn,  Branson,  Brandon,  Britton,  Camp- 
bell, Carter,  Deaderick,  Finley,  Fulkerson,  Gibson,  Hill  of  War- 
ren, Mabry,  Nicholson,  Porter  of  Henry,  Thompson  of  Davidson, 
and  Wright— 17. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Bate,  Blizard,  Brooks,  Brown  of  Davidson, 
Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Chowning,  Coffin, 
Cummings,  Cypert,  Deavenport,  Dibbrell,  Doherty,  Dromgoole, 
Fentress,  Fielder,  Gardner,  Garner,  Gaut,  Gibbs,  Gordon,  Heiskell, 
Henderson,  Hill  of  Gibson,  House  of  Williamson,  House  of  Mont- 
gomery, etc.,  Ivie,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy, 
Key,  Kirkpatrick,  Kyle,  McDougal,  McNabb,  Martin,  Morris, 
Meeks,  Netherland,  Porter  of  Hay  wood,  Sample,  Seay,  Shepard, 
Shelton,  Staley,  Stephens,  Taylor,  Turner,  Warner  and  Williamson 
—54. 

Section  3,  as  thus  amended,  was  adopted  by  the  Convention. 

Mr.  JONES,  of  Lincoln,  moved  to  reconsider  the  vote  adopting 
Section  3,  and  further  moved  to  lay  the  motion  to  reconsider  on  the 
table,  which  latter  motion  was  adopted. 


22  L 

Mr.  MAJHIY  moved  to  amend  Section  4,  by  inserting  after  the 
word  "  years"  in  the  fourth  line,  "  or  a  native  born  citizen  of  the 
'<'." 

Mr.  TAYLOR  moved  to  amend  by  striking  out  the  word  "  ten  " 
in  the  fourth  line,  and  inserting  "  eight."  It  will  then  read,  "  His 
term  of  service  shall  be  eight  years." 

Mr.  BATE  proposed  to  amend  by  striking  out  all  after  the  word 
"  age  "  in  the  third  line. 

On  motion  of  Mr.  BLACKBURN,  the  Convention  adjourned  until 
9J  o'clock  to-morrow  morning. 


THURSDAY  MORNING,  FEBRUARY  3,  1870. < 


-•• 


The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  MOONEY. 

The  Journal  of  yesterday  was  read  and  approved. 

The  roll  was  called  for  Memorials  and  Petitions. 

SPECIAL  REPORT   ON   COMMON  SCHOOLS. 

Mr.  GORDON,  from  the  Special  Committee  on  Common  Schools, 
made  the  following  report : 

The  Committee  on  Common  Schools  have  had  under  considera- 
tion sundry  resolutions  in  reference  to  the  application  of  the  pro- 
ceeds of  the  poll-  tax,  from  year  to  year,  for  the  use  of  free  schools 
in  this  State,  and  have  unanimously  agreed  to  submit  to  the  con- 
sideration of  the  Convention  the  following  report : 

Resolved,  That  Section  10,  Article  XI,  of  the  present  Constitu- 
tion be  amended  by  striking  out  all  after  the  word  "  end  "  in  the 


222 

fifth  line,  and  inserting  :  It  shall  be  the  duty  of  the  General  Assem- 
bly to  provide  for  the  establishment  and  maintenance  of  free  schools 
for  the  gratuitous  instruction  of  all  the  children  of  the  State  between 

the  ages  of  and years.     And  the  ordinary  tax  assessed  on 

polls,  under  the  provisions  of  this  Constitution,  with  such  other  of 
the  revenue  of  the  State  as  the  General  Assembly  may  from  time  to 
to  time  set  apart  therefor ,  shall  never  be  applied  to  other  than  educa- 
tional purposes. 

B.  GORDON,  Chairman. 

On  motion  of  Mr.  PORTER,  of  Hay  wood,  it  was  ordered  that  the 
report  be  laid  on  the  table,  and  100  copies  printed  for  the  use  of  the 
Convention. 


REPORT   ON   THE    JUDICIARY   FURTHER    CONSIDERED. 

The  Convention  proceeded  to  the  consideration  of  the  unfinished 
business  of  yesterday,  the  report  of  the  majority  of  the  Judiciary 
Committee. 

The  amendment  of  Mr.  TAYLOR  to  Section  4,  to  strike  oul  "  ten  " 
and  insert  "  eight "  years,  was  adopted. 

Mr.  MABRY  withdrew  his  amendment. 

Mr.  BROOKS  moved  to  reconsider  the  vote  by  which  Mr.  Taylor's 
amendment  was  aaopted. 

Mr.  GIBSON  gave  notice  that  if  the  motion  to  reconsider  was 
sustained,  that  he  should  move  to  amend  by  striking  out  "  eight 
years"  in  the  4th  line,  and  insert  "  six  years.77 

Mr.  TAYLOR  moved  to  lay  the  motion  to  reconsider  on  the  table. 

Mr.  GIBSON  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 61 

Nays 9 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Baxter,  Blizard,  Britton,  Brown  of  Davidson, 
Brown  of  Henry,  etc..  Burkett,  Burton,  Byrne,  Campbell,  Carter, 
Coffin,  Cummings,  Deaderick,  Deavenport,  Dibbrell,  Doherty, 
Dromgoole,  Fentress,  Fielder,  Finley,  Gardner,  Garner,  G  aut, 
Gibbs,  Gordon,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gib- 
son. House  of  Williamson,  House  of  Montgomery,  etc.,  Ivie,  Jones 
of  Lincoln,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle, 
Mabry,  McDougal,  McNabb,  Martin,  Morris,  Meeks,  Netherland, 
Nicholson,  Porter  of  Haywood,  Porter  of  Henry,  Seay,  Shepard, 


223 

Shelton,  Staley,  Stephens,  Taylor,  Thompson  of  Davidson,  Thomp- 
son of  Maury,  Turner,  Walters,  Warner,  Williamson  and  Wright — 
61. 

Those  voting  in  the  negative  are : 

Messrs.  Branson,  Brandon,  Brooks,  Chowning,  Cypert,  Fulker- 
son,  Gibson,  Parker  and  Sample — 9. 

Mr.  BAXTER  moved  to  amend  by  striking  out  the  word  "  five  " 
in  the  fourth  line,  and  inserting  "  three." 

Mr.  -       —  moved  to  lay  the  motion  of  Mr.  Baxter  on  the  table. 

Mr.  GIBSON  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 53 

Nays 19 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Bate,  Blizard,  Brandon,  Brooks,  Brown  of 
Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Camp- 
bell, Chowning,  Cummings,  Cypert,  Deavenport,  Dibbrell,  Doherty, 
Dromgoole,  Fen  tress,  Fielder,  Fulkerson,  Gardner,  Garner,  Gaut, 
Gibbs,  Henderson,  Hill  of  Gibson,  House  of  Williamson,  Ivie, 
Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Kyle,  McDougal, 
McNabb,  Morris,  Meeks,  Martin,  Netherland,  Porter  of  Henry, 
Seay,  Shepard,  Shelton,  Staley,  Stephens,  Taylor,  Thompson  of 
Davidson,  Thompson  of  Maury,  Turner,  Walters,  Warner,  Wil- 
liamson and  Wright — 53. 

Those  voting  in  the  negative  are : 

Messrs.  Blackburn,  Baxter,  Branson,  Britton,  Carter,  Coffin, 
Finley,  Gibson,  Gordon,  Heiskell,  Hill  of  Warren,  House  of  Mont- 
gomery, etc.,  Key,  Kirkpatrick,  Mabry,  Nicholson,  Parker,  Porter 
of  Hay  wood  and  Sample — 19. 

Mr.  BURKETT  offered  the  following  : 

Resolved,  That  in  lieu  of  Article  VI,  Section  4,  as  reported  by 
the  majority  of  the  Committee  on  the  Judiciary,  the  following  be 
adopted,  viz: 

AETICLE   VI. 

Sec.  4.  The  Judges  of  the  Circuit  and  Chancery  Courts,  and  of 
other  inferior  courts  of  the  State,  shall  be  elected  by  the  qualified 
voters  of  the  district  or  circuit  to  which  they  are  to  be  assigned. 
Every  Judge  of  said  court  shall  be  thirty-five  years  of  age,  and 
shall,  before  his  election,  have  practiced  as  an  Attorney-at  Law  or 
Solicitor  in  Chancery  ten  years,  in  the  courts  of  this  State,  before 
he  shall  be  eligible  to  such  office,  and  shall  have  resided  in  such 


224 

district  or  circiiit  one  year  immediately  preceding  such  election. 
His  term  of  office  shall  be  eight  years. 

On  motion  of  Mr.  BAXTER,  the  amendment  was  laid  on  the 
table. 

Mr.  MARTIN  offered  the  following  amendment : 

Insert  after  the  word  "  years  "  in  the  fourth  line,  "  and  shall  have 
been  a  resident  of  the  State  five  years,  and  of  the  circuit  or  district 
one  year  before  his  election." 

Which  was  adopted  by  the  Convention. 

Section  4,  as  amended,  was  adopted  by  the  Convention. 

Mr.  GARNER  moved  to  reconsider  the  vote  adopting  Section  4, 
and  further  moved  to  lay  the  motion  to  reconsider  on  the  stable, 
which  latter  motion  was  adopted. 

Mr.  TURNER  proposed  the  following  in  lieu  of  the  two  first  lines 
ef  Section  5  : 

An  Attorney  General  and  Reporter  for  the  State  shall  be  elected 
by  the  qualified  voters  of  the  State,  and  shall  hold  his  office  for 
eight  years. 

Mr.  HEISKELL  moved  to  lay  the  amendment  on  the  table. 

Mr.  TURNER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 59 

Nays 14 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Burkett,  Blackburn,  Brown  of  Davidson,  Bax- 
ter, Britton,  Brooks,  Byrne,  Blizard,  Burton,  Brown  of  Henry,  etc  , 
Bate,  Cummings,  Coffin,  Campbell,  Chowning,  Cypert,  Carter, 
Deaderick,  Doherty,  Dromgoole,  Finley,  Fulkerson,  Fentress,  Gaut, 
Gardner,  Gordon,  Henderson,  Hill  of  Gibson,  Heiskell,  House  of 
Williamson,  House  of  Montgomery,  etc.,  Ivie,  Jones  of  Lincoln, 
Jones  of  Giles,  Kirkpatrick,  Key,  Kennedy,  Kyle,  Martin,  Mabry, 
Morris,  Meeks,  McDougal,  McNabb,  Netherland,  Nicholson,  Porter 
of  Hay  wood,  Porter  of  Henry,  Shepard,  Stephens,  Staley,  Shelton, 
Thompson  of  Davidson,  Thompson  of  Maury,  Taylor,  Wright,  Wil- 
liamson and  Walters — 59. 

Those  voting  in  the  negative  are  : 

Messrs.  Branson,  Brandon,  Dibbrell,  Deavenport,  Fielder,  Gib- 
son, Gibbs,  Garner,  Hill  of  Warren,  Parker,  Seay,  Sample,  Turner 
and  Warner — 14. 

On  motion  of  Mr.  JONES,  of  Lincoln,  the  section  wa»  amended 
by  striking  out  the  word  "  twelve  "  and  inserting  "  eight  "  in  the 
second  line. 


225 

Mr.  MARTIN  moved  to  amend  by  adding  to  the  fifth  line :  "And 
shall  have  been  a  resident  of  the  State  five  years,  and  of  the  circuit 
or  district  one  year  before  his  election ;"  which  was  adopted,  and 
the  section,  as  amended,  was  adopted  by  the  Convention. 

Mr.  GIBSON  offered  the  following  amendment  to  Section  6 : 

Insert  between  the  words  "  office  "  and  "  by,"  in  first  line,  the 
words,  "  for  crime,  corruption,  habitual  drunkenness,  incompetency, 
or  neglect  of  duty." 

Mr.  FENTRESS  offered  the  following  in  lieu  of  Mr.  Gibson's 
amendment : 

Insert  after  the  word  "  State,"  first  line,  the  words,  "  for  official 
corruption,  or  for  continued  neglect  of  duty,  or  continued  incapacity 
of  any  kind  to  perform  the  duties  of  his  office." 

Mr.  HEISKELL  moved  to  lay  the  amendment  of  Mr.  Gibson,  and 
the  amendment  in  lieu  by  Mr.  Fentress  on  the  table,  and  demanded 
the  yeas  and  nays,  which  were  ordered,  and  the  motion  to  lay  on 
the  table  rejected. 

Yeas 31 

Nays 41 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Baxter,  Blizard,  Brown  of  Henry,  etc.,  Burton, 
Byrne,  Coffin,  Cummings,  Gardner,  Gibbs,  Heiskell,  Henderson,  Hill 
of  Warren,  House  of  Davidson,  etc.,  Ivie,  Jones  of  Lincoln,  Ken- 
nedy, Key,  Mabry,  McDougal,  Morris,  Meeks,  Porter  of  Haywood, 
Porter  of  Henry,  Shelton,  Taylor,  Thompson  of  Davidson,  Thomp- 
son of  Maury,  Turner,  Warner  and  Williamson — 31. 

Those  voting  in  the  negative  are  : 

Messrs.  Bate,  Blackburn,  Branson,  Brandon,  Britton,  Brooks, 
Brown  of  Davidson,  Campbell,  Carter,  Chowning,  Cypert,  Dead- 
erick,  Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fielder, 
Finley,  Fulkerson,  Garner,  Gaut,  Gibson,  Gordon,  Hill  of  Gibson, 
House  o  Williamson,  Jones  of  Giles,  Kirkpatrick,  Kyle,  McNabb, 
Martin,  Netherland,  Nicholson,  Parker,  Sample,  Seay,  Shepard, 
Staley,  Stephens,  Walters  and  Wright — 41. 

Mr.  TURNER  gave  notice  that  he  should  offer  the  following 
amendment : 

Add  at  the  end  of  line  8th ;  Provided,  The  causes  of  his  removal 
are  such  as  are  prescribed  by  a  general  law  of  the  land,  passed  by  a 
Legislature  prior  to  the  one  taking  action  thereon. 

Mr.  CAMPBELL  demanded  the  previous  question,  which  demand 
15 


226 

was  sustained,  and  the  question  recurring  on  the  adoption  of  Mr. 
Fentress'  amendment  in  lieu  of  Mr.  Gibson?s. 

Mr.  CAMPBELL,  demanded  the  yeas  and  nays,  which  were  or- 
dered, and  Mr.  Fentress7  amendment  in  lieu  was  adopted. 

Yeas 39 

Nays 33 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Blizard,  Brandon,  Britton,  Brown  of  Davidson, 
Burkett,  Campbell,  Carter,  Coffin,  Cypert,  Deaderick,  Deavenport, 
Dromgoole,  Fentress,  Fielder,  Fulkerson,  Gardner,  Gaut,  Gibbs, 
Gordon,  Hill  of  Warren,  Hill  of  Gibson,  Jones1  of  Giles,  Kirkpa- 
trick,  Kyle,  McDougal,  Martin,  Morris,  Meeks,  Netherland,  Porter 
of  Haywood,  Porter  of  Henry,  Shepard,  Stephens,  Thompson  of 
Davidson,  Turner,  Warner,  Williamson  and  Wright — 39. 

Those  voting  in  the  negative  are  : 

Messrs.  Baxter,  Blackburn,  Branson,  Brooks,  Brown  of  Henry, 
etc.,  Burton,  Byrne,  Chowning,  Cummings,  Dibbrell,  Doherty,  Fin- 
ley,  Garner,  Gibson,  Heiskell,  Henderson,  House  of  Williamson, 
House  of  Davidson,  etc.,  Ivie,  Jones  of  Lincoln,  Kennedy,  Key, 
Mabry,  McNabb,  Nicholson,  Parker,  Sample,  Seay,  Shelton,  Staley, 
Taylor,  Thompson  of  Maury,  and  Walters — 33. 

Mr.  HEISKELL  demanded  the  ayes  and  nays  upon  the  adoption 
of  Mr.  Fentress7  amendment,  which  were  ordered,  and  the  amend- 
ment was  lost  by  a  tie  vote. 

Yeas 36 

Nays ,.., : 36 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Blackburn,  Branson,  Brandon,  Britton,  Brooks, 
Brown  of  Davidson,  Byrne,  Campbell,  Carter,  Chowning,  Coffin, 
Cypert,  Deaderick,  Dromgoole,  Fentress,  Fielder,  Finley,  Fulker- 
son, Gardner,  Gaut,  Gibbs,  Gibson,  Gordon,  Hill  of  Gibson,  Jones 
of  Giles,  Kirkpatrick,  Kyle,  McNabb,  Martin,  Parker,  Porter  of 
Haywood,  Shepard,  Stephens,  Thompson  of  Davidson,  and  Wright 
--36. 

Those  voting  in  the  negative  are  : 

Messrs.  Baxter,  Blizard,  Brown  of  Henry,  etc.,  Burkett,  Burton, 
Cummings,  Deavenport,  Dibbrell,  Doherty,  Garntr,  Heiskell,  Hend- 
erson, Hill  of  Warren,  House  of  Williamson,  House  of  Mont- 
gomery, etc.,  Ivie,  Jones  of  Lincoln,  Kennedy,  Key,  Mabry,  Mc- 
Dougal, Morris,  Meeks,  Netherland,  Nicholson,  Porter  of  Henry, 
Sample,  Seay,  Shelton,  Staley,  Taylor,  Thompson  of  Maury,  Tur- 
ner, Walters,  Warner  and  Williamson — 36. 


227 

(Previous  to  the  offering  of  and  action  of  the  Convention  on  the 
amendments  of  Messrs.  GIBSON  and  FENTRESS,  Section  6  was,  on 
motion  of  Mr.  Jones,  of  Lincoln,  amended  by  striking  out  the 
words  "  elected  to  each  House,"  and  inserting  "to  which  each 
House  shall  be  entitled,"  which  was  adopted  by  the  Convention.) 

The  Convention  took  a  recess  to  2J  o'clock  p.  M. 


AFTERNOON  SESSION. 

Mr.  HEISKELL  demanded  the  yeas  and  nays  upon  the  adoption 
of  Section  6,  which  were  ordered,  and  the  section  was  adopted. 

Yeas 38 

Nays ." 29 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Britton,  Brooks,  Brown 
of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Carter,  Chowning,  Coffin, 
Cummings,  Deaderick,  Fielder,  Garner,  Gaut,  Gibson,  Heiskel), 
Henderson,  Hill  of  Warren,  House  of  Montgomery,  etc.,  Ivie, 
Kennedy,  Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal,  McNabb, 
Meeks,  Nicholson,  Stalev,  Taylor,  Thompson  of  Maury,  Warner 
and  Wright— 38. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Branson,  Brown  of  Davidson,  Campbell,  Cypert, 
Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fulkerson,  Garner,  Gibb.<, 
Hill  of  Gibson,  Jones  of  Lincoln,  Jones  of  Giles,  Martin,  Morris, 
Parker,  Porter  of  Hay  wood,  Porter  of  Henry,  Sample,  Seay,  Shep- 
ard,  Shelton,  Stephens,  Thompson  of  Davidson,  Turner,  Walters 
and  Williamson — 29. 

Mr.  HEISKELL  moved  to  reconsider  the  vote  adopting  Section  f, 
and  further  moved  to  lay  the  motion  to  reconsider  on  the  table. 
Mr.  TAYLOR  demanded  the  yeas  and  nuys  on  the  motion  to  lay 


228 

the  motion  to  reconsider  on  the  table,  which  were  ordered,  and  the 
motion  to  lay  on  the  table  rejected. 

Yeas 34 

Nays 39 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Blizard,  Brandon,  Britton, 
Burkett,  Burton,  Byrne,  Carter,  Chowning,  Cummings,  Deaderick, 
Dibbrell,  Doherty,  Fielder,  Gaut,  Gordon,  Heiskell,  Henderson, 
Hill  of  Warren,  House  of  Montgomery,  etc.,  Ivie,  Kennedy,  Key, 
Kirkpatrick,  Kyle,  Mabry,  McNabb,  Netherland,  Nicholson,  Porter, 
Staley  and  Wright— 34. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Blackburn,  Branson,  Brooks,  Brown  of  Davidson, 
Brown  of  Henry,  etc.,  Campbell,  Coffin,  Cypert,  Dromgoole,  Fen- 
tress,  Finley,  Fulkerson,  Gardner,  Garner,  Gibbs,  Gibson,  Hill  of 
Gibson,  House  of  Williamson,  Jones  of  Lincoln,  Jones  of  Giles, 
McDougal,  Martin,  Morris,  Meeks,  Parker,  Porter  of  Haywood, 
Sample,  Seay,  Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of 
Davidson,  Thompson  of  Maury,  Turner,  Walters,  Warner  and 
Williamson— 39. 

Mr.  HEISKELL  withdrew  his  motion  to  reconsider. 
Mr.  THOMPSON,  ,pf  Maury,  renewed  the  motion  to  reconsider, 
Mr.  BAXTER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  reconsider  was  sustained. 

Yeas 37 

Nays 36 

Those  voting  in  the  affirmative  are  :  | 

Messrs.  Bate,  Blackburn,  Branson,  Brown  of  Davidson,  Brown 
of  Henry,  etc.,  Campbell,  Chowning,  Coffin,  Cypert,  Dromgoole, 
Fentress,  Finley,  Fulkerson,  Gardner,  Garner,  Gibbs,  Gibson,  Hill 
of  Gibson,  House  of  Williamson,  Jones,  of  Lincoln,  Jones  of  Giles? 
Martin,  Morris,  Meeks,  Parker,  Porter  of  Haywood,  Sample, 
Seay,  Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of  Davidson, 
Turner,  Walters,  Warner  and  Williamson — 37. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Arledge,  Baxter,  Blizard,  Brandon,  Britton, 
Brooks,  Burkett,  Burton,  Byrne,  Carter,  Cumminos,  Deaderick, 
Dibbrell,  Doherty,  Fielder,  Gaut,  Gordon,  Heiskell,  Henderson, 
Hill  of  Warren,  House  of  Montgomery,  etc.,  Ivie,  Kennedy,  Key, 
Kirkpatrick,  Kyle,  Mabry,  McDougal,  McNabb,  Netherland, 
Nicholson,  Porter  of  Henry,  Staley,  Thompson  of  Maury,  and 
Wright— 36. 


229 

Mr.  PORTER,  of  Hay  wood,  moved  to  strike  out  the  whole  of  Sec- 
tion 6. 

Mr.  HEISKELL  demanded  the  previous  question  on  the  motion  to 
strike  out. 

Mr.  TURNER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  demand  for  the  previous  question  was  rejected. 

Yeas 29 

Nays 43 

Those  voting  in  the  affirmative  are : 

Messrs.  Baxter,  Blackburn,  Blizard,  Brandon,  Britton,  Burkett, 
Burton,  Byrne,  Carter,  Deaderick,  Doherty,  "Guilt,  Heiskell,  Hen- 
derson, Hill  of  Warren,  Ivie,  Jones  of  Lincoln,  Kennedy,  Key, 
Kirkpatrick,  Kyle,  Mabry,  McNabb,  Netherland,  Nicholson,  Porter 
of  Henry,  Shelton,  Staley  and  Wright— 29. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Branson,  Brooks,  Brown  of  Davidson, 
Brown  of  Henry,  etc.,  Campbell,  Chowning,  Coffin,  Cummings, 
Cypert,  Dibbrell,  Dromgoole,  Fen  tress,  Fielder,  Finley,  Fulkerson, 
Gardner,  Garner,  Gibbs,  Gibson,  Gordon,  Hill  of  Gibson,  House  of 
Williamson,  House  of  Montgomery,  etc.,  Jones  of  Giles,  Mc- 
Dougal,  Martin,  Morris,  Meeks,  Parker,  Porter  of  Haywood, 
Sample,  Seay,  Shepard,  Stephens,  Taylor,  Thompson  of  Davidson, 
Thompson  of  Maurv,  Turner,  Walters,  Warner  and  Williamson 
—43. 

Mr.  TURNER  offered  the  following  amendment : 

Add  at  the  end  of  line  8th;  "  Provided,  The  causes  of  his  re- 
moval are  such  as  are  prescribed  by  a  general  law  of  the  land, 
passed  by  a  Legislature  prior  to  the  one  taking  action  thereon." 

Mr.  FENTRESS  offered  the  following  in  lieu  of  Mr.  Turner's. 

Article  VI,  Section  6,  insert  after  the  word  "  State  "  in  the  first  line 
the  following :  "  For  official  corruption  or  for  continued  neglect  of 
duty,  or  incapacity  of  any  kind  to  perform  the  duties  of  his  office. J 

Mr.  GIBSON  moved  that  Section  6,  and  all  the  pending  amend- 
ments be  committed  to  a  Select  Committee  of  seven  to  be  appointed 
by  the  President. 

Mr.  BLIZARD  demanded  the  Previous  Question. 

Mr.  TURNER  demanded  "  The  Question  "  which  was  sustained. 

A  vote  was  taken  upon  Mr.  GIBSON'S  motion  to  commit,  and  was 
rejected. 

Mr.  FENTRESS'S  amendment  was  rejected. 

Mr.  TURNER'S  amendment  was  rejected. 


230 

A  vote  was  taken  on  Mr.  PORTER'S  (of  Hay  wood)  motion  to 
strike  out  the  6th  Section,  and  it  was  rejected. 

Section  6,  as  amended,  was  again  adopted  by  the  Convention. 

Mr.  KENNEDY  moved  to  reconsider  the  vote  adopting  Section  6, 
and  further  moved  to  lay  the  motion  to  reconsider  on  the  table. 

Which  latter  motion  was  adopted. 

Mr.  HOUSE,  of  Montgomery,  etc.,  offered  the  following  amend- 
ment to  Section  7  : 

The  salary  of  a  Supreme  Judge  shall  not  be  less  than  forty-five 
hundred  dollars  per  annum,  and  that  of  a  Chuncellor  or  Circuit 
Judge  not  less  than  three  thousand  dollars  per  annum. 

Mr.  SAMPLE  offered  the  following  amendment  to  Mr.  House's 
amendment : 

"  That  the  salaries  of  the  Judges  be  left  with  the  Legislature." 

On  motion  of  Mr.  BROOKS  the  amendments  were  laid  on  the 
table. 

Section  7,  as  recommended  by  the  Committee  was  adopted  by  the 
Convention. 

Section  8,  was  taken  up,  when  Mr.  TAYLOR  proposed  the  follow- 
ing amendment : 

Amend  Section  8,  by  adding  after  "  Legislature  "  in  second  line 
the  following  :  "  And  their  organization  shall  be  uniform  through- 
out the  State." 

Mr.  TAYLOR  subsequently  withdrew  his  amendment. 

Section  8,  as  recommended  by  the  Committee,  was  adopted  by 
the  Convention. 

Section  9,  as  reported  by  the  Committee  was  adopted  by  the  Con- 
vention. 

Mr.  HILL,  of  Gibson,  offered  the  following  in  lieu  of  Section  10: 

The  Judges,  Chancellors  or  Justices  of  the  inferior  courts  of  Law 
and  Equity  shall  have  power  in  all  civil  cases,  to  issue  writs  of 
certiorari  to  remove  any  cause  or  the  transcript  of  the  record  thereof, 
from  any  inferior  jurisdiction  into  such  Courts  of  Law,  on  sufficient 
cause  supported  by  oath  or  affirmation. 

Which  was  adopted  in  lieu,  and  the  Section  as  thus  amended  was 
adopted  by  the  Convention. 

Sections  11  and  12,  were  adopted  as  recommended  by  the  Com- 
mittee without  amendment. 


231 

Mr.  STEPHENS  move  to  reconsider  the  vote  adopting  his  amand- 
in out  to  Section  13  on  Tuesday  last. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays,  which  were 
ordered,  and  the  motion  to  reconsider  was  adopted : 

Yeas 37 

Nays 34 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Baxter,  Brandon,  Brown  of  Davidson,  Brown  of 
Henry,  etc.,  Burton,  Campbell,  Carter,  Deaderick,  Fentress,  Gard- 
ner, Garner,  Gibbs,  Gordon,  Heiskell,  Henderson,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Montgomery,  etc.,  Jones  of  Giles, 
Kennedy,  Key,  Kirkpatrick,  Kyle,  Martin,  Netherland,  Nicholson, 
Seay,  Shepard,  Shelton,  Staley,  Stephens,  Taylor,  Thompson  of 
Davidson,  Thompson  of  Maury,  Turner  and  Williamson — 37. 

Those  voting  in  the  negative  are"  : 

Messrs.  Allen,  Arledge,  Blizard,  Branson,  Britton,  Brooks,  Bur- 
kett,  Byrne,  Chowning,  Coffin,  Cummings,  Cypert,  Dibbrell, 
Doherty,  Dromgoole,  Fielder,  Finley,  Gaut,  Gibson,  Hill  of  Warren, 
Ivie,  Jones  of  Lincoln,  Mabry,  McDougal,  McNabb,  Morris,  Meeks, 
Parker,  Porter  of  Haywood,  Porter  of  Henry,  Sample,  Walters, 
Warner,  and  Wright — 34. 

Mr.  JONES,  of  Lincoln,  offered  the  following  in  lieu  of  Section  13  : 

Clerks  of  the  Supreme  Court  shall  be  elected,  each  for  the  term 
of  six  years,  by  the  qualified  voters  of  the  respective  grand  divi- 
sions of  the  State,  in  which  said  Court  is  required  to  be  held. 

Clerks  and  Masters  of  the  Chancerv  Courts  shall  be  elected,  each 
for  the  term  of  six  years,  by  the  qualified  voters  of  the  respective 
counties,  districts  or  divisions  in  which  such  Courts  shall  be  requir- 
ed to  be  held. 

Clerks  of  the  Circuit  Courts,  and  Clerks  of  such  inferior  courts  as 
may  be  hereafter  established,  shall  be  elected,  each  for  the  term  of 
four  years,  by  the  qualified  voters  of  the  respective  counties  in  and 
for  which  said  Courts  shall  be  required  to  be  held. 

The  Clerks  provided  for  in  this  Section  shall  be  removed  from 
office  for  malfeasance,  incompetency,  or  neglect  of  duty,  in  such 
manner  as  may  be  prescribed  by  law. 

The  consideration  of  said  amendment  was  posponed  until  to- 
morrow. 

VISIT   OF    RESPECT   TO    MRS.    POLK. 

Mr.  Burton  offered  the  following  resolution,  which  was  adopted 
by  the  Convention : 


232 

Resolved,  That  a  committee  of  three  be  appointed  to  wait  on 
Mrs.  POLK,  the  late  widow  of  President  JAMES  K.  POLK,  and  as- 
certain when  it  would  suit  her  convenience  to  receive  a  visit  of  re- 
spect from  this  body. 

On  motion  of  Mr.  JONES,  of  Lincoln,  the  Convention  adjourned 
until  to-morrow  at  9J  o'clock,  A.  M* 


FRIDAY  MORNING,  FEBRUARY  4,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  SAMPLE,  a  member  of  the  Convention, 
The  Journal  of  yesterday  was  read,  and  approved. 
The  roll  was  called  for  memorials  and  petitions. 

MEMORIALS. 

Mr.  DEADERICK  presented  a  memorial  from  sundry  citizens  of 
Roane,  Monroe  and  Blount  counties,  praying  the  creation  of  a  new 
county  out  of  portions  of  said  counties,  which,  without  being  read, 
was  referred  to  the  Committee  on  New  Counties  and  County  Lines, 

Mr.  TAYLOR  presented  a  memorial  from  citizens  of  the  counties 
of  Henderson,  Madison,  McNairy  and  Hardeman,  praying  the  crea- 
tion of  a  new  county  out  of  portions  of  said  counties,  which,  with- 
out being  read,  was  referred  to  the  Committee  on  New  Counties  and 
County  Lines. 

AMENDMENTS   PROPOSED. 

Mr.  SAMPLE  offered  the  following  resolution,  which  was  read 
and  referred  to  the  Committee  on  Miscellaneous  Provisions  : 

Resolved,  That  the  Legislature  shall  have  power,  after  the  ratifi- 
cation of  this  Constitution,  every  eight  years  thereafter,  to  offer  to 
the  people  an  amendment  to  the  Constitution,  and  after  due  notice 
if  the  people  by  a  majority  of  the  popular  vote,  ratify  the  said 


233 

amendment  then,  it  shall  become  a  part  of  the  organic  law  of  the 
State,  and  the  Governor  shall  declare  the  same  by  proclamation. 

Mr.  BROOKS  offered  the  following  resolution,  which  was  read  and 
referred  to  the  Committee  on  the  Judiciary  : 

Resolved,  That  the  salary  of  the  Supreme  Court  Judges  be  three 
thousand  dollars  per  annum. 

Be  it  further  resolved,  That  the  Judges  of  the  Circuit  and  Chance- 
ry Courts  shall  receive  a  salary  of  two  thousand  dollars  per  annum. 

CHANGE   OF    RULES. 

Mr.  BROWN,  of  Davidson,  offered  the  following  resolution : 
Resolved,  That  the  rule  of  this  Convention  authorizing  the  Pre- 
vious Question,  be  and  the  same  is  repealed,  and  no  member  who 
speaks  upon  a  pending  question  shall  be  allowed  at  the  close  of  his 
speech  to  make  a  motion  to  lay  on  the  table. 

Mr.  BROWN  moved  to  suspend  the  rules  and  take  up  the  resolu- 
tion, which  motion  was  rejected  and  the  resolution  lies  over  under 
the  rule. 

REPORT  ON  MISCELLANEOUS  BUSINESS. 

Mr.  TURNER,  from  the  Committee  on  Miscellaneous  Provisions, 
made  the  following  report : 
MR.  PRESIDENT  : 

The  Committee  on  Miscellaneous  Provisions  having  had  under 
consideration  several  subjects  beg  leave  to  submit  for  the  considera- 
tion of  the  Convention  the  two  following  Sections  as  amendments  to 
the  Constitution. 

Section "  The  General  Assembly  shall  have  power  to  enact 

laws  for  the  protection  and  preservation  of  game  and  fish  within 
the  State,  and  such  laws  may  be  enacted  for,  and  applied  and  en- 
forced, in  particular  counties  or  geographical  districts  designated  by 
the  General  Assembly." 

Sec.  .  "  The  due  coupons  of  the  Bonds  of  the  State,  legally 

issued,  and  all  Treasury  Warrants  shall  be  received  at  par  after 
January  1,  1871,  for  all  taxes  or  other  dues  to  the  State ;  Provided, 
that  this  Section  shall  not  apply  during  a  rebellion  or  invasion  of 
the  State." 

All  of  which  is  respectfully  submitted, 

JAMES  J.  TURNER, 

Chairman. 

On  motion  of  Mr.  TAYLOR  it  was  ordered  that  the  report   be 


234 

laid  on  the  table,  and  100  copies  printed  for  the  use  of  the  Conven- 
tion. 

COMMITTEE  TO  WAIT    OK  MES.  POLK. 

The  President  announced   the  following  Committee  to  wait  on 
Mrs.  Polk,  in  accordance  with  Mr.  BUB/TON'S  resolution : 
Messrs.  Burton,  Netherland  and  Campbell. 

LEAVE    OF    ABSENCE. 

Mr.  NETHERLAND  asked  and  obtained  leave  of  absence  for  Mr 
Martin,  on  account  of  sickness. 

REPORT    ON    JUDICIARY     FURTHER    CONSIDERED. 

The  Convention  resumed  the    consideration    of   the  unfinished 

business  of  yesterday. 

Mr.  MORRIS  offered  the  following  amendment : 

Strike  out  line  1,  of  Section  13,  and  insert  in  lieu  thereof: 

Section  13.  Judges  of  the  Supreme  Courts  shall  appoint  their 

clerks,  who  shall  hold  their  offices  for  eight  years. 

Which  was  rejected  by  the  Convention. 

Mr.  MORRIS  submitted  the  following  amendment : 
Strike  out  of  lines  2  and  3,  of  Section  13,  the  words  "  Chancellors 
(if  Chancery  Courts  shall  be  established,)  shall  appoint  their  Clerks 
and  Masters,  who  shall  hold  their  offices  for  the  period  of  six 
years,"  and  insert  in  lieu  thereof,  "  The  Clerks  and  Masters  of  the 
Chancery  Courts  shall  be  elected  by  the  qualified  voters  of  the 
county  or  counties  or  districts  for  which  a  Chancery  Court  is  held, 
and  shall  hold  their  offices  for  eight  years.  Clerks  of  the  Circuit 
Courts  shall  be  elected  by  the  qualified  voters  of  the  respective 
counties  for  which  Circuit  Courts  are  held,  and  shall  hold  their 
offices  for  eight  years." 

Mr.  SAMPLE  moved  to  amend  the  amendment  of  Mr.  Morris  by 
striking  out  the  word  "  eight"  and  inserting  "  six." 

Mr.  BLIZARD  demanded  the  previous  question,  which  demand 
was  sustained. 

Mr.  SAMPLE'S  amendment  to  Mr.  Morris'  amendment  was 
adopted. 

Mr.  MORRIS  demanded  the  yeas  and  nays  on  the  adoption  of  his 


235 

amendment  as  amended,  which  were  ordered,  and  the  amendment 
Adopted. 

Yeas 37 

Nays 35 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Blackburn,  Blizard,  Branson,  Brandon,  Brit- 
ton,  Brooks,  Burkett,  Chowning,  Cypert,  Deavenport,  Dibbrell, 
Doherty,  Dromgoole,  Fentress,  Fielder,  Finley,  Gaut,  Gibson,  Hill 
of  Warren,  Hill  of  Gibson,  Ivie,  Jones  of  Lincoln,  Mabry,  Mc- 
Nabb,  Morris,  Parker,  Porter  of  Hay  wood,  Sample,  Shepard, 
Stephens,  Taylor,  Thompson  of  Maury,  Walters,  Warner,  William- 
son and  Wright — 37. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Baxter,  Brown  of  Davidson,  Brown  of  Henry,  etc., 
Burton,  Byrne,  Campbell,  Carter,  Coffin,  Cummings,  Deaderick, 
Fulkerson,  Gardner,  Garner,  Gibbs,  Gordon,  Heiskell,  Henderson, 
House  of  Williamson,  House  of  Montgomery,  etc.,  Jones  of  Giles, 
Kennedy,  Key,  Kirkpatrick,  Kyle,  McDougal,  Meeks,  Netherland, 
Nicholson,  Porter  of  Henry,  Seay,  Shelton,  Staley,  Thompson  of 
Davidson,  and  Turner — 35. 

Mr.  STEPHENS  withdrew  his  amendment. 

Mr.  DIBBKELL  demanded  the  yeas  and  nays  on  the  adoption  of 
the  amendment  of  Mr.  JONES,  of  Lincoln,  in  lieu  of  the  13th  Sec- 
tion, which  were  ordered,  and  the  amendment  was  rejected. 

Yeas 28 

Nays 44, 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Blackburn,  Branson,  Britton,  Brooks,  Chowning, 
Cypert,  Deavenport,  Dibbrell,  Doherty,  Fentress,  Fielder,  Finley, 
Gibson,  Hill  of  Warren,  Hill  of  Gibson,  Jones  of  Lincoln,  Mabry, 
McDougal,  McNabb,  Meeks,  Parker,  Porter  of  Hay  wood,  Sample, 
Stephens,  Taylor,  Walters  and  Warner — 28. 

Those  voting  in  the  negative  are : 

Messrs.  Baxter,  Blizard,  Brandon,  Brown  of  Davidson,  Brown 
of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell,  Carter,  Coffin, 
Cummings,  Deaderick,  Dromgoole,  Fulkerson,  Gardner,  Garner, 
Gaut,  Gibbs,  Gordon,  Heiskell,  Henderson,  House  of  Williamson, 
House  of  Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Kennedy,  Key, 
Kirkpatrick,  Kyle,  Morris,  Netherland,  Nicholson,  Porter  of  Henry, 
Seay,  Shepard,  Shelton,  Staley,  Thompson  of  Davidson,  Thompson 
of  Maury,  Turner,  Williamson,  Wright  and  President  Brown — 44. 


236 

By  unanimous  consent,  the  word  "  they"  in  the  fifth  line,  was 
strick'en  out,  and  "these  Clerks"  inserted. 

Mr.  KENNEDY  demanded  the  yeas  and  nays  on  the  adoption  of 
Section  13,  as  amended,  which  were  ordered,  and  the  section  was 
adopted  by  the  Convention. 

Yeas 42 

Nays ..29 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Blackburn,  Blizard,  Branson,  Brandon,  Brit- 
ton,  Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett, 
Byrne,  Chowning,  Coffin,  Deavenport,  Dibbrell,  Doherty,  Drom- 
goole,  Fielder,  Finley,  Gaut,  Gibson,  Heiskell,  Hill  of  Warren, 
Hill  of  Gibson,  Ivie,  Jones  of  Lincoln,  Key,  Mabry,  McNabb, 
Morris,  Parker,  Porter  of  Haywood,  Sample,  Seay,  Shepard, 
Stephens,  Thompson  of  Maury,  Turner,  Walters,  Warner,  William- 
son and  Wright — 42. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Baxter,  Burton,  Campbell,  Carter,  Cummings, 
Deaderick,  Fentress,  Fulkerson,  Gardner,  Garner,  Gibbs,  Gordon, 
Henderson,  House  of  Williamson,  House  of  Montgomery,  etc.,  Jones 
of  Giles,  Kennedy,  Kirkpatrick,  Kyle,  McDougal,  Meeks,  Nether- 
land,  Nicholson,  Porter  of  Henry,  Shelton,  Staley,  Taylor  and 
Thompson  of  Davidson — 29. 

Mr.  JONES,  of  Lincoln,  moved  to  reconsider  the  vote  adopting 
Section  13,  and  further  moved  to  lay  the  motion  to  reconsider  on 
tjie  table,  which  latter  motion  was  adopted. 

Section  14  was  adopted  as  recommended  by  the  Committee. 

Mr.  BUKKETT  offered  the  following  amendment  to  Section  15  : 

Resolved,  That  Section  15  be  amended  by  striking  out  "  two,"  in 
the  third  line,  and  inserting  in  lieu  thereof  "  one  •"  and  in  the  fifth 
line,  by  striking  out  " three"  and  inserting  in  lieu  thereof  "two." 

Mr.  JONES,  of  Lincoln,  demanded  the  previous  question,  which 
demand  was  sustained. 

Mr.  BURKETT  demanded  the  yeas  and  nays  on  the  adoption  of  his 
amendment,  which  were  ordered,  and  the  amendment  was  rejected. 

Yeas 14 

Nays 55 

Those  voting  in  the  affirmative  are : 

Messrs.    Blizard,    Branson,    Burkett,  Cypert,   Fulkerson,  Gaut, 


237 

Heiskell,  House  of  Montgomery,  etc.,  Kennedy,  Key,  Kirkpatrick, 
Kyle,  Parker  and  Williamson — 14. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Baxter,  Blackburn,  Brandon,  Britton,  Brooks, 
Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burton,  Byrne, 
Campbell,  Carter,  Chowning,  Coffin,  Cummings,  Deavenport,  Dib- 
brell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Finley,  Gardner, 
Garner,  Gibbs,  Gibson,  Gordon,  Henderson,  Hill  of  Warren,  Hill 
of  Gibson,  House  of  Williamson,  I.vie,  Jones  of  Lincoln,  Jones  of 
Giles,  Mabry,  McDougal,  McNabb,  Morris,  Meeks,  Netherland, 
Nicholson,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Shelton, 
Staley,  Stephens,  Taylor,  Thompson  of  Davidson,  Thompson  of 
Maury,  Turner,  Walters,  Warner  and  Wright — 55. 

Section  15,  as  recommended  by  the  Committee,  was  then  adopted 
by  the  Convention. 

Mr.  KENNEDY  offered  the  following  as  an  independent  section  : 
If  at  any  election  for  Chancery  Court  Clerk,  no  candidate  shall 

receive  a  majority  of   all  the  votes  cast,  then  the  Chancellor  shall 

appoint  the  Clerk. 

Which  was  rejected  by  the  Convention. 
Mr.  GIBSON  offered  the  following  as  an  independent  section  : 
Section  — .  The  Legislature  shall,  from  time  to  time,  by  a  gen- 
eral law,  divide  the  State  into  Judicial  Circuits  and  Chancery  Dis- 
tricts or  Divisions,  so  that  the  number  of  Circuits  shall  not  exceed 
one  for  every  sixty  thousand  inhabitants,  and  the  number  of  Chan- 
cery Districts  or  Divisions  shall  not  exceed  one  for  every  seventy- 
five  thousand  inhabitants :  Provided,  that  territory  and  population 
shall  be  so  equalized  as  to  equalize  the  labors  of  the  several  Judges 
and  of  the  several  Chancellors  as  nearly  as  possible.  And  no  Cir- 
cuit, District  or  Division  shall  be  created  otherwise  than  by  a  gen- 
eral law  re-circuiting  or  re-districting  the  entire  State. 

Pending  which,  the  Convention  took  a  recess  until  2J  o'clock  p.  M. 


238 


AFTERNOON  SESSION. 

Mr.  PORTER,  of  Henry,  moved  to  lay  the  amendment  of  Mr. 
Gibson  on  the  table. 

Mr.  GIBSON  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 42 

Nays 19 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Baxter,  Brown  of  Davidson,  Brown  of  Henry,  etc., 
Burkett,  Burton,  Byrne,  Campbell,  Carter,  Cummings,  Cypert, 
Deaderick,  Doherty,  Dromgoole,  Fentress,  Fielder,  Gardner,  Gar- 
ner, Gaut,  Gibbs,  Heiskell,  Henderson,  Hill  of  Gibson,  House  of 
Williamson,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick,  Mabry, 
McDougal,  Morris,  Meeks,  Netherland,  Porter  of  Hay  wood,  Porter 
of  Henry,  Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of  David- 
son, Thompson  of  Maury,  and  Wright — 42. 

Those  voting  in  the  negative  are : 

Messrs.  Blackburn,  Blizard,  Branson,  Brandon,  Brifcton,  Brooks, 
Chowning,  Fulkerson,  Gibson,  Hill  of  Warren,  Kyle,  McNabb, 
Nicholson,  Parker,  Sample,  Saay,  Turner,  Warner  and  Williamson 
—19. 

TERM  OF  OFFICE  AND  VACANCIES. 

Mr.  GIBSON  offered  the  following  resolution: 

Section  — .  All  officers  authorized  by  this  Constitution  or  by  the 
Legislature,  shall  hold  their  offices  until  their  successors  shall  be 
elected  or  appointed  and  qualified;  and  whenever  a  vacancy  occurs 
in  any  office,  the  officer  elected  or  appointed  to  fill  the  vacancy, 
shall  hold  office  only  for  the  unexpired  term  of  his  predecessor,  and 
until  his  successor  is  elected  or  appointed  and  qualified. 

On  motion  of  Mr.  FENTRESS,  the  resolution  was  referred  to  the 
Committee  on  Elections. 

SCHEDULE. 

The  1st  section  of  the  Schedule  was,  by  unanimous  consent, 
amended  by  inserting  "  and  Reporter  "  after  the  word  general,  in  the 
second  line. 


239 

Mr.  SEAY  moved  to  amend  Section  1  of  the  Schedule  by  insert- 
ing, after  the  word  "  State  "  in  the  second  line,  the  words  "Attor- 
neys for  the  State  for  the  several  circuits  or  districts,"  and  after  the 
word  "  courts,"  in  the  same  line,  insert  the  words,  "  Justices  of  the 
Peace." 

Mr.  KEY  offered  the  following  in  lieu  of  the  first  paragraph  of 
Section  1  of  the  Schedule,  and  Mr.  Seay's  amendment : 

That  no  inconvenience  may  arise  from  a  change  of  the  Constitu- 
tion, it  is  declared  that  all  civil  officers  shall  hold  their  offices  until 
the  first  day  of  November,  1871,  unless  their  term  of  service 
previously  expires. 

Mr.  DROMGOOLE  proposed  to  amend  the  Schedule  by  inserting 
after  the  word  Judges,  in  the  second  line,  "  and  Clerks  and  County 
Registeis,"  so  that  the  same  will  read  : 

That  no  inconvenience  may  arise  from  a  change  of  the  Constitu- 
tion, it  is  declared  that  all  civil  officers,  except  the  Attorney  General 
and  Reporter  for  the  State,  and  the  Judges  and  Clerks  of  the  sever- 
al courts,  and  County  Registers,  shall  hold  their  offices  until  the 
expiration  of  their  present  term  oi  service. 

THE   VISIT    TO    MRS.    POLK. 

Mr.  BURTON,  from  the  Committee  appointed  to  wait  on  Mrs. 
Polk,  reported  that  they  had  performed  that  duty,  and  that  Mrs. 
Polk  had  expressed  a  readiness  to  receive  the  committee  to-morrow 
afternoon. 

On  motion  of  Mr.  THOMPSON,  of  Davidson,  the  Convention  ad- 
journed until  to-morrow  morning,  at  9|  o'clock. 


SATURDAY  MORNING,  FEBRUARY  5,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.   President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Dr.  YOUNG. 

The  Journal  of  yesterday  was  read,  corrected  and  approved. 


240 


THE   JUDICIARY   FURTHER   CONSIDERED. 

Mr.  JONES,  of  Lincoln,  moved  to  reconsider  the  vote  adopting 
Section  13,  which  being  objected  to,  as  a  motion  had  been  made  to 
reconsider  that  vote,  and  the  motion  to  reconsider  had  been  laid  on 
the  table : 

Mr.  JONES  then  moved  to  take  from  the  table  the  motion  to  re- 
consider, which  was  adopted,  and  the  motion  to  reconsider  was  then 
adopted. 

Mr.  JONES,  of  Lincoln,  proposed  the  following  amendment  to 
Section  13 : 

Strike  out  "  six  "  where  it  applies  to  the  Circuit  Court  Clerks, 
and  insert  "  four." 

Mr.  JONES  demanded  the  previous  question. 

Objection  was  made  to  entertaining  Mr.  JONES'  amendment,  as  it 
was  not  reduced  to  writing.  The  objection  was  sustained  by  the 
Chair. 

Mr.  JONES  proceeded  to  write  out  his  amendment ;  whereupon 
Mr.  Kennedy  claimed  the  floor,  and  he  was  recognized  by  the 
Chair. 

Mr.  Kennedy  then  offered  the  following  in  lieu  of  Section  13 : 

Judges  of  the  Supreme  Court  shall  appoint  their  Clerks,  who 
shall  hold  their  office  for  six  years ;  Chancellors  shall  appoint  their 
Clerks  and  Masters,  who  shall  hold  their  offices  for  six  years. 
Clerks  of  such  inferior  courts  as  may  be  hereafter  established,  which 
shall  be  required  to  be  holden  in  the  respective  counties  of  this 
State,  shall  be  elected  by  the  qualified  voters  thereof,  for  the  term 
of  four  years.  They  shall  be  removed  from  office  for  malfeasance, 
in  competency,  or  neglect  of  duty,  in  such  manner  as  may  be  pre- 
scribed by  law. 

Mr.  JONES  presented  his  amendment,  as  above,  in  writing,  which 
was  reported  by  the  Secretary,  and  again  demanded  the  previous 
question,  which  was  sustained. 

Mr.  JONES  amendment  was  then  adopted. 

Mr.  KENNEDY  demanded  the  yeas  and  nays  on  the  adoption  of 
his  amendment  in  lieu,  which  were  ordered,  and  the  amendment 
adopted. 

Yeas 36 

Nays 34 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Brown    of   Davidson,    Brown   of 


241 

Henry,  etc.,  Burton,  Byrne,  Campbell,  Carter,  Coffin,  Deaderick, 
.Dnhcrly,  Fi'iitivss,  Fulkerson,  Gardner,  Garner,  Gibbs,  Gordon;. 
Heiskell,  Henderson,  House  of  Williamson,  House  of  Montgomery, 
etc.,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle,  Nether- 
land,  Porter  of  Henry,  Seay,  Shelton,  Staley,  Thompson  of  David- 
son, Turner,  Wright  and  President  Brown. 

Those  voting  in  the  negative  are: 

Messrs.  Arledge,  Blackburn,  Blizard,  Brandon,  Branson,  Britton, 
Brooks,  Burkett,  Chowning,  Cummings,  Deavenport,  Dibbrell, 
Dromgoole,  Fielder,  Finley,  Gaut,  Gibson,  Hill  of  Warren,  Hill  of 
Gibson,  Ivie,  Jones  of  Lincoln,  McDougal,  McNabb,  Meeks,  Mor- 
ris, Parker,  Porter  of  Haywood,  Sample,  Shepard,  Stephens,  Tay- 
lor, Thompson  of  Maury,  Walters  and  Warner — 34. 

Mr.  BURKETT  demanded  the  yeas  and  nays  on  the  adoption  of 
the  13th  Section  as  amended,  which  were  ordered,  and  the  section, 
as  amended,  was  adopted. 

Yeas 38 

Nays 33 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Bate,  Baxter,  Branson,  Brown  of  Davidson,  Brown 
of  Henry,  etc.,  Burton,  Byrne,  Campbell,  Carter,  Coffin,  Deaderick, 
Doherty,  Fentress,  Fulkerson,  Gardner,  Garner,  Gibbs,  Gordon, 
Heiskell,  Henderson,  House  of  Williamson,  House  of  Montgomery, 
etc.,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle,  McDougal, 
Xetherland,  Porter  of  Henry,  Seay,  Shelton,  Staley,  Thompson  of 
Davidson,  Turner,  Wright  and  President  Brown — 38. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Blackburn,  Blizard,  Brandon,  Britton,  Brooks, 
Burkett,  Chowning,  Cummings,  Deavenport,  Dibbrell,  Dromgoole, 
Fielder,  Finley,  Gaut,  Gibson,  Hill  of  Warren,  Hill  of  Gibson, 
Jones  of  Lincoln,  Ivie,  Mabry,  McNabb,  Morris,  Meeks,  Parker, 
Porter  of  Haywood,  Sample,  Shepard,  Stephens,  Taylor,  Thompson 
of  Maury,  Walters  and  Warner — 33. 

Mr.  WILLIAMSON  stated,  when  his  name  was  called,  that  he  had 
paired  o^fwith  Mr.  Nicholson,  and  was,  in  consequence,  excused 

from  voting. 

i 

LEAVE    OF    ABSENCE 

Mr.  TURNER  asked  and  obtained  leave  of  absence  for  Mr.  Cypert. 
Mr.  NETHERLAND  asked  and  obtained  leave  of  absence  for  Mr. 
Ivie  on  account  of  sickness. 
16 


242 

On  motion  of  Mr.  WILLIAMSON,  leave  of  absence  was  granted 
Mr.  Blackburn  for  four  days  of  next  week. 

Mr.  CAMPBELL  offered  the  following  resolution  : 

Resolved^  That  when  this  Convention  adjourn  for  recess  this  day, 
the  Delegates  proceed  in  a  body  to  the  residence  of  Mrs.  President 
Polk  for  the  purpose  of  paying  their-  respects  to  her. 

On  motion  of  Mr.  JOXES,  of  Lincoln,  the  rules  were  suspended,, 
and  the  resolution  adopted. 

TO   CHANGE  THE    RULES. 

Mr.  FENTRESS  called  up  the  resolution  of  Mr.  Brown,  of  David- 
son, in  relation  to  the  previous  question. 

On  motion  of  Mr.  McDouGAL,  the  resolution  was  amended  by 
striking  out  the  words  :  "The  rule  authorizing  the  previous  ques- 
tion be  and  the  same  is  hereby  repealed." 

On  motion  of  Mr.  HOUSE,  of  Williamson,  the  resolution  was 
further  amended  by  adding  the  words  "  table/'  "  or  call  for  the  pre- 
vious question/7  And  the  resolution,  as  thus  amended,  was  adopted 
by  the  Convention. 

THE    SCHEDULE     FURTHER    CONSIDERED. 

The  Convention  proceeded  to  the  consideration  of  the  unfinished 
business  of  yesterday, — the  schedule  proposed  by  the  Judiciary 
Committee,  and  the  proposed  amendment  thereto — and  at  1  o'clock 
took  a  recess  until  2J  o'clock  p.  M. 


AFTERNOON  SESSION. 
The  President  called  the  Convention  to  order  at  2J-  o'clock  p.  M. 

xo  QUORUM. 

Mr.  BROWN,  of  Davidson,  moved  for  a  call  of  the  Con  vent  Ion. 
when  the  following  Delegates  were  found  to  be  absent  : 

Messrs.  Allen,  Arledge,  Bate,  Blackburn,  Brooks,  Burton,  Camp- 


243 

boll,  Carter,  Chowmng,  Cypert,  Doherty,  Fentress,  Fielder,  Gar- 
ner, Guut,  Hill  of  Gibson,  House  of  Williamson,  House  of  Mont- 
gomery, I  vie,  Jones  of  Giles,  Kennedy,  Key,  Mabry,  McDougal, 
Martin,  Meeks,  Netherland,  'Nicholson,  Porter  of  Henry,  Sej'.y, 
Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of  Davidson,  Thomp- 
son of  Maury,  Turner,  Walters  and  Williamson — 39. 

There  not  being  a  quorum  present,  the  Convention  adjourned  un- 
til Monday  morning,  at  9J  o'clock. 


MONDAY  MORNING,  FEBRUARY  7,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  Presk^nt 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Dr:  SUMMERS. 

The  Journal  of  Saturday  was  read,  corrected  and  approved. 

i 

MEMORIALS   AND   PETITIONS. 

Mr.  BROWN,  of  Davidson,  presented  a  memorial  in  favor  of  erect- 
ing a  new  county  out  of  portions  of  Madison,  Henderson,  Hardeman 
and  McNairy  counties,  which,  without  being  read,  was  referred  to 
the  Committee  on  new  Counties  and  County  Lines. 

Mr.  FINLEY  presented  a  remonstrance  against  the  formation  of  a 
new  county  out  of  portions  of  the  counties  of  Blount,  Roane  ami 
Monroe,  which,  without  being  read,  was  referred  to  the  Committee 
on  New  Counties  and  County  Lines. 

Mr.  GIBSON  presented  a  memorial  signed  by  seventy-six  mem- 
bers of  the  General  Assembly  and  by  a  large  number  of  citizens, 
praying  the  creation  of  a  new  county  out  of  portions  of  the  coun- 
ties of  Roane,  Monroe  and  Blount,  which,  without  being  read. 
referred  to  the  Committee  on  New  Counties  and  Countv  Lines. 


244 

Mr.  NETHERLAND  presented  a  memorial  from  a  large  number  of 
citizens,  praying  an  amendment  to  the  Constitution,  giving  the 
qualified  voters  of  civil  districts  and  towns  the  right  to  say 
whether  spirituous  liquors  shall  be  manufactured,  and  sold  in  their 
limits,  which,  without  being  read,  was  referred  to-  the  Committee  on 
Miscellaneous  Provisions. 

Mr.  TAYLOR  presented  a  memorial  from  sundry  citizens,  praying 
the  creation  of  a  new  county  out  of  portions  of  the  counties  of 
Henderson,  Hardeman,  Madison  and  McNairy,  which,  without 
being  read,  was  referred  to  the  Committee  on  New  Counties  and 
County  Lines, 

LEAVE   TO   VOTE. 

Messrs.  ARLEDGE  and  IVIE  asked  and  obtained  leave  to  record 
their  votes  against  the  amendment  conferring  the  appointment  of 
Clerks  and  Masters  on  the  Chancellors. 

THE  SCHEDULE  FURTHER  CONSIDERED, 

The  Convention  proceeded  to  the  consideration  of  the  unfinished 
business  of  Saturday. 

On  motion  of  Mr.  BROWN,  of  Henry,  etc.,  the  amendment  of 
Mr.  Dromgoble  to  the  Schedule  was  laid  on  the  table. 

Mr.  BROWN,  of  Henry,  etc.,  moved  to  lay  the  amendment  of  Mr. 
Key,  offered  in  lieu  of  Mr.  Seay's  amendment  to  the  Schedule  on 
the  table. 

Mr.  KEY  demanded  the  yeas  and  nays,  which  were  ordered,  and 
the  motion  to  lay  on  the  table  sustained. 

Yeas. , 54 

Nays , 11 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Baxter,  Blizard,  Brandon,  Branson,  Britton, 
Brown  of  Henry,  etc.,  Burton,  Byrne,  Campbell,  Carter,  Chowning., 
Cummings,  Deaderick,  Deavenport,  Dibbrell,  Doherty,  Dromgoole, 
Fentress,  Fielder,  Finley,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson, 
Gordon,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson, 
Ivie,  Kyle,  Mabry,  McDougal,  McNabb,  Meeks,  Morris,  Nether- 
land,  Nicholson,  Parker,  Porter  of  Henry,  Sample,  Seay,  Shelton, 
Staley,  Stephens,  Taylor,  Thompson  of  Davidson,  Thompson  of 
Maury,  Walters,  Warner,  Williamson  and  Wright — 54. 

Those  voting  in  the  negative  are : 

Messrs.    Bate,    Brooks,  Brown  of  Davidson,  Coffin,  House    of 


245 

Montgomery,  dr.,  Jones  of  Lincoln,  Kennedy,  Key,  Kirkpatrick, 
Porter  of  Hay  wood,  and  Turner — 11. 

Mr.  PORTER,  of  Henry,  offered  the  following  in  lieu  of  Mr. 
Seay's: 

Section  1.  That  no  inconvenience  may  arise  from  a  change  of  the 
Constitution,  it  is  declared  that  the  Governor  of  the  State  and  mem- 
bers of  the  General  Assembly  shall  hold  their  offices  until  the  ex- 
piration of  their  present  term  of  service ;  all  other  officers  except 
those  elected  at  the  general  election  of  March,  1870,  shall  vacate 
their  places  on  the  ratification  of  this  Constitution ;  Provided,  That 
the  last-named  officers  be  elected  for  the  constitutional  term  from  the 
day  of  the  general  election  of  civil  officers  fixed  in  this  Constitution. 

Mr.  SEAT  demanded  the  yeas  and  nays  on  the  adoption  of  Mr. 
Porter's  amendment  in  lieu,  which  were  ordered,  and  Mr.  Porter's 
amendment  was  adopted  in  lieu  of  Mr.  Seay's. 

Yeas 45 

Nays 24 

Those  voting  in  the  affirmative  are : 

Messrs,  Allen,  Arledge,  Baxter,  Blizard,  Brandon,  Britton., 
Brown  of  Henry,  etc.,  Burton,  Campbell,  Carter,  Chowning,  Cam- 
mings,  Deaderick,  Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Fen- 
tress,  Fielder,  Fulkerson,  Gardner,  Gaut,  Gibbs,  Gordon,  Heiskell, 
Henderson,  Hill  cf  Warren,  Hill  of  Gibson,  Ivie,  Kyle,  Mc- 
Dougal,  McNabb,  Meeks,  Netherland,  Nicholson,  Porter  of  Henry, 
Shelton,  Stephens,  Taylor,  Thompson  of  Davidson,  Thompson  of 
Maury,  Walters,  Warner,  Williamson  and  Wright — 45, 

Those  voting  in  the  negative  are: 

Messrs.  Bate,  Branson^  Brooks,  Brown  of  Davidson,  Byrne,  Cof- 
fin, Finley,  Garner,  Gibson,  House  of  Williamson,  House  of  Mont- 
gomery, etc.,  Jones  of  Lincoln,  Kennedy,  Key,  Kirkpatrick, 
Mabry,  Morris,  Parker,  Porter  of  Hay  wood,  Sample,  Seay,  Shep- 
ard,  Staley  and  Turner — 24. 

Mr.  GARNER  proposed  the  following  amendment  to  Mr.  Porter's 
amendment : 

After  the  word  "  Assembly "  in  the  6th  line,  insert  the  words 
"  except  the  Executive  officers  who  may  be  elected  by  the  present 
General  Assembly." 

Which  was  adopted  by  the  Convention. 

Mr.  GARDNER  submitted  the  following  amendment  to  Mr.  Pok- 
er's amendment : 

After  the  word  "places"  in  the  12th  line,  strike  out  the  words 
l<  the  ratification  of  this  Constitution"  and  insert  the  following 


246 

words,  "  thirty  days  after  the  day  of  the  general  election  of  civil 


officers  under  this  Constitution." 


Which  was  adopted  by  the  Convention. 

Mr.  IVIE  proposed  to  amend  Mr.  Porter's  amendment  by  insert- 
ing after  the  words  "  General  Assembly/7  "  County  and  Circuit 
Court  Clerks  and  Justices  of  the  Peace." 

Mr.  POUTER,  of  Henry,  moved  to  lay  the  amendment  of  Mr.  I  vie 
on  the  table. 

Mr.  IVIE  modified  his  amendment  so  as  to  except  Justices  of  the 
Peace  only,  and  demanded  the  yeas  and  nays,  which  were  ordered,, 
but  the  hour  of  recess  having  arrived,  the  vote  was  postponed,  and 
the  Convention  took  a  recess  until  2J  o'clock. 


AFTERNOON  SESSION. 


A  vote  was  taken  upon  Mr.  PORTER'S  motion  to  lay  Mr. 
amendment  on  the  table,  and  the  motion  sustained. 

Yeas 38 

Nays 20 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Britton,  Brown  of  Henry,  etc.? 
Burkett,  Burton,  Campbell,  Cummings,  Deavenport,  Dibbrell, 
Dromgoole,  Fentress,  Fielder,  Fulkerson,  Gardner,  Garner,  Gaut7 
Gibbs,  Heiskell,  Henderson,  Hill  of  Warren,  House  of  Williamson, 
Kyle,  McDougal,  McNabb,  Meeks,  Morris,  Netherland,  Nicholson,. 
Porter  of  Henry,  Seay,  Shelton,  Stephens,  Taylor,  Thompson  of 
Maury,  Walters,  Williamson  and  Wright — 38. 

Those  voting  in  the  negative  are : 

Messrs.  Brandon,  Branson,  Brooks,  Brown  of  Davidson,  Byrne, 
Doherty,  Gibson,  Hill  of  Gibson,  House  of  Montgomery,  etc.,  Ivie, 
Jones  of  Lincoln,  Kennedy,  Key,  Kirkpatriek,  Parker,  Porter  of 
Haywood,  Sample,  Turner  and  Warner — 20. 


247 

Mr,  I  VIE  offered  to  amend  by  inserting  after  the  words  "  General 

mbly"  "County  and  Circuit  Court  Clerks." 
Mr.  BURKETT  moved  to  lay  the  amendment  on  the  table. 
Mr.  I  VIE  demanded  the  yeas  and  nays,  which   were  ordered,  and 
rhe  motion  to  lay  on  the  table  sustained. 

37 

Nays..! 27 

Those  voting  in  the  affimative  are : 

Messrs.  Bate,  Baxter,  Blizard,  Brown  of  Henry,  etc.,  Burkett, 
Burton,  Campbell,  Carter,  Cummings,  Deavenport,  Dibbrcll, 
Dromgoole,  Fentress,  Fielder,  Fulkerson,  Gardner,  Gaut,  Gibbs, 
Heiskell,  Hill  of  Warren,  Hill  of  Gibson,  Kyle,  Mabry,  Mc- 
Dougal,  McXabb,  Meeks,  Morris,  Netherland,  Nicholson,  Porter  of 
Henry,  Seay,  Shelton,  Stephens,  Taylor,  Thompson  of  Davidson, 
Walters  and  Wright— 37. 

Those  voting  in  the  negative  are  : 

Messrs.  Brandon,  Branson,  Britton,  Brooks,  Brown  of  Davidson, 
Byrne,  Coffin,  Doherty,  Finley,  Garner,  Gibson,  House  of  Mont- 
gomery, etc.,  Ivie,  Jones  of  Lincoln,  Kennedy,  Key,  Kirkpatrick, 
Parker,  Porter  of  Hay  wood.  Sample,  Shepard,  Staley,  Thompson 
of  Maurv,  Turner,  Warner,  Williamson  and  President  Brown 
—27. 

The  first  clause  of  Section  1  of  the  schedule  was  adopted. 

Mr.  WRIGHT  moved  to  reconsider  the  vote  adopting  the  clause, 
and  further  moved  to  lay  the  motion  to  reconsider  on  the  table, 
which  latter  motion  was  rejected  by  the  Convention. 

Mr.  WRIGHT  then  withdrew  his  motion  to  reconsider. 

Mr.  HOUSE,  of  Montgomery,  etc.,  offered  the  following  in  lieu  of 
the  2nd,  3rd  and  4th  clauses  of  the  1st  Section  of  Schedule. 

So  much  of  this  Constitution  as  provides  for  the  election  of  per- 
manent Judges  of  the  Supreme  Court,  shall  not  go  into  operation 
until  the  first  Saturday  in  March,  1871.  Immediately  alter  the 
ratification  of  this  Constitution  the  Legislature  shall,  by  joint  bal- 
lot, elect  nine  temporary  Judges,  three  from  each  Grand  Division 
of  the  State,  who  shall  constitute  the  Supreme  Court,  until  the  first 
Saturday  in  March,  1871,  and  until  the  election  and  qualification  of 
the  permanent  Supreme  Court  provided  for  in  the  Constitution. 

The  compensation  of  each  of  said  temporary  Judges  shall  be  four 
thousand  dollars  for  their  entire  term  of  service.  Said  Judges  shall 
sit  in  three  sections  of  three  each,  and  shall  hear  ynd  determine 


248 

causes  at  the  same  time;  but  they  shall  not  sit  in  different  grand  di- 
visions at  the  same  time. 

Mr.  FEXTRESS  offered  the  following  in  lieu  of  Mr.  House's 
amendment,  and  of  paragraphs  2,  3  and  4  of  the  Schedule : 

In  order  to  dispose  of  the  accumulated  business,  there  shall  be 
elected  three  Judges  by  the  qualified  voters  of  each  grand  division 
of  the  State,  who  shall  hold  their  offices  until  the  first  day  of  Jan- 
uary, 1872,  unless  the  business  is  sooner  disposed  of;  three  of  whom 
shall  sit  in  Jackson,  three  in  Nashville,  and  three  in  Knoxville, 
and  hear  causes  and  deliver  their  opinions  in  the  same  manner  as 
the  Supreme  Court  now  does ;  and  the  Clerks  of  each  of  these 
Courts  shall,  within  ten  days  after  the  decision  of  each  case,  in 
which  a  written  opinion  is  delivered,  transmit  the  record  and  briefs 
and  opinion  therein,  to  the  regular  Judges  of  the  Supreme  Court 
at  Nashville,  who,  until  the  first  of  January,  1872,  shall  act  as  a  re- 
vising Court,  approving  the  decisions  of  the  temporary  Courts, 
hereinbefore  provided  for,  or  disapproving  them,  and  rendering 
such  judgment  as  should  have  been  rendered;  Provided,  that  no  ar- 
gument shall  be  made  before  the  revising  Court,  nor  shall  any  other 
brief  be  presented  or  read  save  such  as  were  presented  to  the 
temporary  Court  on  the  trial ;  and  that  on  the  first  day  of  Jan- 
uary, 1872,  or  as  soon  as  the  business  of  the  three  temporary  Courts 
herein  established  shall  cease,  and  the  regular  Supreme  Judges  shall 
resume  their  proper  duties,  holding  their  Courts  at  Knoxville^ 
Nashville  and  Jackson,  as  the  Supreme  Court  of  Tennessee. 

Mr.  FENTRESS  subsequently  withdrew  his  amendment. 

Mr.  HEISKELL,  offered  the  following  in  lieu  of  Mr.  House's 
amendment,  and  of  the  second,  third  and  fourth  paragraphs  of  the 
Schedule : 

At  the  first  election  of  Judges  under  this  Constitution,  there  shall 
be  elected  two  Judges  of  the  Supreme  Court  from  each  grand  di- 
vision of  the  State,  who  shall  hold  their  offices  for  the  term  herein 
prescribed.  In  the  event,  however,  that  at  any  time  after  the  first 
day  of  January,  1873,  if  any  vacancy  shall  occur  in  the  office  of 
Supreme  Judge,  it  shall  remain  unfilled,  and  the  Court  shall  from 
that  time  be  constituted  of  five  Judges. 

While  the  Court  shall  consist  of  six  Judges,  they  may  sit  in  two 
sections,  and  hear  and  determine  causes  in  each  at  the  same  time, 
but  not  in  different  grand  divisions  at  the  same  time.  In  each  sec- 
tion two  Judges  shall  be  necessary  to  a  decision ;  Provided,  that  the 
office  of  the  sixth  Judge  may  be  vacated  after  January  1,  1873,  in 
such  manner  and  at  such  time  as  shall  be  determined  by  the  Legis- 
lature. 

Mr.  HOUSE'S  amendment  was  laid  on  the  table. 


249 

Mr,  HEISKELL'S  amendment  was  then  adopted  by  the  Conven- 
tion. 

On  motion  of  Mr.  BURTON,  the  amendment  of  Mr.  Hciskell  was 
amended  by  striking  out  the  proviso. 

Mr.  BROOKS  demanded  the  yeas  and  nays  upon  the  adoption  of 
Mr.Heiskell's  amendment  to  the  Schedule,  which  were  ordered,  and 
the  amendment  adopted. 

Yeas 52 

Nays .18 

Those  voting  in  the  affirmative  are: 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Britton,  Brown  of 
Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Camp- 
bell, Chowning,  Coffin,  Cypert,  Deaderick,  Doherty,  Dromgoole, 
Fentress;  Fielder,  Fulkerson,  Gardner,  Gaut,  Gibbs,  Gordon,  Heis- 
kell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Mont- 
gomery, etc.,  Ivie,  Kirkpatriek,  Mabry,  McDougal,  McNabb,  Mor- 
ris, Netherlanci,  Nicholson,  Porter  of  Haywood,  Porter  of  Henry, 
Seay,  Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of  Davidson, 
Thompson  of  Maury,  Turner,  Walters,  Williamson,  Wright  and 
President  Brown — 52. 

Those  voting  in  the  negative  are: 

Messrs.  Brandon,  Branson,  Brooks,  Cummings,  Deavenport,  Dib- 
brell,  Finley,  Garner,  Gibson,  House  of  Williamson,  Kennedy, 
Key,  Kyle,  Meeks,  Parker,  Sample,  Staley  and  Warner — 18. 

Mr.  DIBBRELL  offered  the  following  amendment  to  the  Schedule: 
The  first  election  for  Judges  of  the  Supreme  Court,  Chancellors, 
Circuit  and  other  Judges  and   District  Attorneys,  after  the  ratifica- 
tion of  this  Constitution,  shall  be  held  on  the  last  Thursday  in  July, 
1870. 

Mr.  GIBSON  demanded  the  yeas  and  nays  upon  the  adoption  of 
the  amendment,  which  were  ordered,  and  the  amendment  adopted. 

Yeas 50 

Nays 17 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Brandon,  Brit- 
ton,  Brooks,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Camp- 
bell, Chowning,  Cummings,  Deaderick,  Deavenport,  Dibbrell, 
Doherty,  Dromgoole,  Fielder,  Fulkerson,  Gardner,  Gaut,  Gibbs, 
Gordon,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of 
Williamson,  Kirkpatriek,  Kyle,  McDougal,  McNabb, 


250 

Netherland,  Nicholson,  Porter  of  Hay  wood,  Porter  of  Henry,  Seay. 
Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of  Davidson, 
Thompson  of  Maury,  Walters,  Warner,  Williamson  and  Wright 
—50. 

Those  voting  in  the  negative  are : 

Messrs.  Branson,  Brown  of  Davidson,  Coffin,  Cypert,  Fentress, 
Garner,  Gibson,  Heiskell,  House  of  Montgomery,  etc.,  Ivie,  Ken- 
nedy, Key,  Mabry,  Morris,  Sample,  Staley  and  Turner — 17. 

Mr.  BURTON  entered  a  motion  to  reconsider  the  vote  adopting 
the  amendment;  which  lies  over. 

On  motion  of  Mr.  NICHOLSON,  the  Schedule  and  the  amend- 
ments adopted  thereto  were  re-committed  to  the  Committee  on  the 
Judiciary. 

On  motion  of  Mr.  THOMPSON,  of  Maury,  the  Convention  ad- 
journed until  to-morrow  morning  at  9J  o'clock. 


TUESDAY  MORNING,  FEBRUARY  8,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

The  Journal  of  yesterday  was  read  and  approved. 

MEMORIALS    AND   PETITIONS. 

Mr.  IVIE  presented  a  memorial  from  a  number  of  citizens  of 
Bedford  County,  praying  that  the  Constitution  be  so  amended,  that 
towns  and  civil  districts  shall  have  power,  by  vote,  to  prevent  the 
sale  of  spirituous  liquors  in  their  limits,  which  was  reud  and  re- 
ferred to  the  Committee  on  Miscellaneous  Provisions. 

Mr.  BRANDON  presented  a  memorial  from  sundry  citizens  of 
S  tewart  County,  praying  that  the  Constitution  be  so  amended  that 


251 

old  counties,  in  the  formation  of  new  ones,  may  be  reduced  to  four 
hundred  square  miles,  which,  without  being  read,  was  referred  to' 
the  Committee  on  New  Counties  and  County  Lines. 

Mr.  THOMPSON,  of  Maury,  presented  the  following  memorial : 

Your  memorialist  states  that  the  Bank  of  Tennessee  is  the  holder 
of  two  notes  drawn  by  Isaac  M.  Jamieson  ;  the  first,  dated  January 
1(3,  1862,  for  two  hundred  dollars,  and  payable  at  four  months;  the 
second  is  dated  February  12,  1862,  for  two  hundred  dollars,  and 
also  payable  at  four  months.  The  Bank  of  Tennessee  assigned 
these  notes  after  they  had  become  due,  and  when  said  Bank  was  in- 
solvent, to  Samuel  Watson,  in  trust  for  the  benefit  of  its  creditors. 
Subsequent  to  said  assignment  the  said  Watson  instituted  separate 
suits  upon  said  notes  in  the  Circuit  Court  of  Maury  County,  where 
the  same  are  now  pending."  The  said  Isaac  M.  Jamieson  hath  since 
the  institution  of  said  suits  departed,  this  life  intestate,  and  your 
memorialist  is  his  administrator.  Your  memorialist  now  states  that 
since  his  appointment  he  has  tendered  to  the  attorney  and  agent  of 
said  Bank,  and  said  Watson,  payment  of  said  notes,  and  the  legal  inter- 
est thereon  to  date  of  tender,  in  the  bills  and  notes  of  said  Bank  issued 
prior  to  the  assignment  made  to  the  said  Watson,  and  said  Watson 
and  said  agent  refuses  to  accept  the  tender  so  made,  alleging  that  the 
bills  and  notes  so  tendered  by  your  memorialist  were  issued  by  the 
Bank  after  the  6th  day  of  May,  1861,  and  that  being  so  issued 
they  have  been  declared  by  the  amendment  made  to  the  Constitu- 
tion of  the  State,  and  adopted  in  February.  1865,  to  be  illegal  and 
void.  Your  memorialist  states  that  he  has  been  informed  and  be- 
lieves that  the  Judges  of  the  courts  of  Tennessee  believe  and  hold 
that  said  amended  Constitution  is  a  law  unto  them  which  they  are 
not  at  liberty  to  disregard. 

Your  memorialist  is  informed  that  Section  6,  of  the  schedule 
adopted  as  a  part  of  the  Constitution  of  the  State,  in  February, 
}$()'),  and  to  which  said  agent  of  the  Bank,  in  refusing  to  accept 
the  tender  aforesaid  referred  is  in  violation  of  Section  10,  Article  I, 
of  the  Constitution  of  the  United  States ;  and  is  also  in  conflict 
with  Section  20,  of  the  Bill  of  Eights  of  the  Constitution  of  the 
State,  said  Section  6,  does  "  impair  the  obligation  of  a  contract "  as 
must  be  evident  to  the  mind  of  every  one.  It  takes  away  the  rights 
and  equities  secured  to  the  holders  of  the  bills  and  notes  of  the 
Bank  under  the  general  Banking  law  of  the  State,  adopted  by  the 
General  Assembly  in  1857-8.  The  rights  that  belonged  to  the 
holder  of  the  note  of  the  Bank  as  a  payee,  and  the  rights  and  equi- 
that  belonged  to  him  us  debtor  of  the  Bank  were  vested  and 
<-t  prior  to  the  adoption  of  said  amendment.  Yet,  as  your 
body  well  knows,  your  memorialist  cannot  test  the  question  involv- 
ed herein  (if  at  all)  in  the  Courts  oi'  the  United  States  without 
,  ;cnse  to  himself  and  his  estate.  His  condition  in  this  re- 


252 

gard  is  that  of  hundreds  of  other  citizens  of  Tennessee,  who  are 
debtors  to  the  Bank.  Your  memorialist  is  informed  that  said  Sec- 
tion 6,  of  the  amended  Constitution,  was  adopted  under  the  belief 
that  the  issue  made  by  the  Bank,  after  May  6,  1861,  was  made  with 
a  view  of  aiding  the  rebellion.  But  your  memorialist  is  informed 
and  so  believes,  that  the  issue  was  made  for  no  such  purpose,  and 
was  in  fact  not  so  used  or  circulated.  On  the  contrary,  the  issue 
was  made  to  meet  the  wants  and  necessities  of  the  people  of  Ten- 
nessee, owing  to  the  suspension  and  insolvency  of  the  Banks  of 
neighboring  States  that  had  previous  thereto  supplied  a  large  por- 
tion of  the  currency  of  the  State.  Your  memorialist  is  informed, 
and  so  believes,  that  this  alledged  new  issue  was  paid  out  by  the 
Bank  to  its  customers  without  regard  to  date  of  issue  and  in  pay- 
ment of  its  debts  to  depositors  and  other  creditors,  and  not  other- 
wise. 

Under  these  facts  your  memorialist  submits  to  the  Convention  that 
inasmuch  as  the  faith  of  the  State  was  pledged  to  make  good  any  of 
the  deficiencies,  or  losses,  made  by  said  Bank,  and  inasmuch  as  great 
injustice  is  done  Mm,  and  others  in  like  condition,  by  said  amend- 
ment; that  it  is  equitable,  legal  and  in  obedience  to  the  Constitu- 
tion of  the  United  States  that  said  amendment  should  be  stricken 
out,  and  if  no  more  be  done,  that  at  least  your  memorialist  should 
be  left  unembarrassed  by  such  provision  to  litigate  his  rights  before 
the  Courts  of  the  State.  It  is  submitted  that  it  must  be  apparent 
that  the  State  (the  State  being  the  ultimate  party  to  be  benefitted 
under  the  guarantees  as  contained  in  the  charter  of  said  Bank)  is 
seeking,  by  the  collection  of  the  notes  given  by  your  memorialist's 
intestate,  to  avail  itself  of  the  acts  of  the  officers  of  said  Bank 
after  May  6,  1861,  where  it  is  to  be  benefitted,  and  that  it  seeks  to 
repudiate  the  acts  of  said  officers  where  it  is  likely  to  be  injured. 
Your  memorialist  feels  assured  that  such  a  position  is  not  a  just  one 
to  the  State ;  wherefore,  he  prays  that  said  amendment,  repugnant,  as 
aforesaid,  to  the  Constitution  of  the  United  States  be  stricken  from 
the  Constitution  of  the  State  of  Tennessee. 

E.  H.  JAMIESON, 

Administrator. 

Which  was  read  and  referred  to  the  Committee  on  the  Judiciary. 


RESPECT  TO  MRS.  JUDGE  CATRON. 

Mr.  NETHERLAND  offered  the  following  resolution : 

Resolved,  That  a  committee  of  three  be  appointed  to  wait  on 
Mrs.  Catron,  the  wridow  of  the  late  Chief  Justice,  and  ascertain  and 
report  when  it  would  suit  her  convenience  to  receive  a  visit  of  re- 
spect from  this  body. 


2-53 

On  motion  of  Mr.  NETHKRLAND  the  rules  were  suspended  and 
the  resolution  adopted. 


PROTEST  r 

Mr.  GIBSON  presented  the  following 

The  undersigned  cannot  consent  to  the  removal  of  all  the  Judges, 
Chancellors,  Attorneys  for  the  State.  Justices  of  the  Peace,  Supreme, 
Chancery,  Circuit  and  County  Court  Clerks  and  Registers  without 
entering  a  respectful,  yet  decided  protest: 

The  undersigned  do  not  subscribe  to  the  doctrine,  here  dogmati- 
cally promulgated,  that  the  amending  of  a  Constitution,  ipso  facto, 
vacates  every  office  in  the  State  not  expressly  allowed  to  remain 
filled.  The  undersigned  admit  that,  if  there  be  any  office  incom- 
patible with  the  Constitution  as  amended,  or  if  there  be  any  office 
the  tenure  or  duties  whereof,  or  the  qualifications  wherefor,  are 
fundamentally,,  changed,  then  would  such  office  be  abolished  or 
vacated  ;  but  the  undersigned  go  no  further,  and  the  undersigned 
maintain  that  this  is  the  true  doctrine :  Where  the  amendments  to 
a  Constitution  do  not  materially  change  the  duties  or  tenure  of  an 
office,  or  the  manner  of  filling  the  same,  or  the  qualifications  there- 
for, that  thien  such  office  continues  undisturbed,  and  its  occupant  is 
neither  necessarily  nor  impliedly  ousted.  In  other  words,  where  the 
office  is,  in  all  its  essentials,  precisely  the  same  in  the  old  as  in  the 
amended  Constitution,  there  the  office  and  its  incumbent  remain 
precisely  the  same  as  though  the  old  Constitution  was  still  in  full 
force.  Because,  by  ratifying  the  amendments  the  people  do  not 
thereby  make  a  new  Constitution  :  they  merely  accept  the  old  Con- 
stitution as  amended.  Their  ratification  vitalizes  the  amendments 
only  :  for  the  body  of  the  Constitution  was  already  vitalized  and  the 
amendments  are  merely  engrafted  on  this  already  vitalized  body. 
Suppose  this  Convention  had  done  nothing  but  make  every  man  a 
voter  and  liable  to  poll  tax  and  military  duty,  would  any  one  have 
maintained  that  the  adoption  of  these  amendments  would  ipso  facto 
vacate  every  office  in  Tennessee  ? 

Having  disposed  of  the  political  heresy  that  the  adoption  of  this 
amended  Constitution,  ipso  facto,  vacates  all  the  offices  in  the  State, 
the  undersigned  would  enumerate  the  following  additional  reasons 
for  their  vote  against  the  removal  of  said  officers : 

1st.  The  vacation  of  said  offices  was  not  an  issue  before  the  people 
when  the  delegates  where  elected :  and  to  vacate  these  offices  is  no 
irt  of  the  professed  object  of  this  Convention. 

2nd.  The  vacation  of  the  offices  of  Judge,  Chancellor  and  States 
Attorney  is  a  direct  violation  of  political  faith,  said  offices  having 
been  recently  filled  by  a  popular  election  demanded  and  brought  on 


by  the  very  men  who  now  seek  to  empty  them   again,  seek  indeed  to 
empty  them  before  fully  warmed  by  their  new  occupants  ! 

3rd.  The  vacation  of  the  offices  of  Justice,  Court  Clerks  and 
Register  is  an  act  of  littleness,  of  petty  persecution,  utterly  unworthy 
the  dignity  of  a  Constitutional  Convention,  especially  when  that 
Convention  in  no  single  particular  changes  the  term  or  tenure  of 
said  offices,  the  method  of  filling  the  same,  or  the  qualifications 
therefor. 

4th.  The  vacation  of  all  of  said  offices  will  be  construed  by  the 
Eepublicans  as  a  direct  partisan  blow  at  them,  and  as  an  exhibition 
of  political  malice,  prompted  only  by  a  desire  for  party  vengeance. 
And  thus  will  strife  be  perpetuated  in  Tennessee. 

5th.  The  vacation  of  said  offices  is  the  basest  ingratitude  to  those 
members  of  the  Republican  party,  who  made  this  Convention  pos- 
sible, by  putting  the  ballot  in  the  hands  of  the  disfranchised.  But 
those  Republicans  never  dreamed  that  the  weapbn  they  restored 
would  be  used  to  strike  down  those  who  restored  it.  It  sounds  like 
the  old  story  of  the  viper  stinging  the  bosom  that  had  warmed  it 
into  life. 

6th.  The  vacation  of  said  offices  is  in  violation  of  all  good  prece- 
dents, is  not  required  by  the  necessities  of  the  times,  is  an  ingenious 
device  to  put  out  "the  ins"  and  to  put  in  "the  outs,"  it  is  a,  beginning 
that  may  be  dangerous  in  its  ending,  and  as  a  political  invention 
may  yet  "torment  the  inventor." 

7th.  The  vacation  of  said  offices  is  a  summary  and  ex-parte 
judgement  of  condemnation  pronounced  alike  on  the  just  and  the 
unjust,  the  worthy  and  the  unworthy.  If  any  of  the  incumbents 
of  said  offices  deserve  removal,  the  amplest  power  to  remove  already 
exists.  This  summary  removal  is  an  act  of  tyranny,  an  d,  as  made, 
is  inviolation  of  the  Constitution  of  the  United  States. 

8th.  The  vacation  of  said  offices  will  make  the  North  distrust  the 
South,  will  be  deemed  a  proclamation  of  war  against  Union  men, 
will  discourage  immigration  to  the  State,  will  prevent  the  investment 
of  -capital  and  the  development  of  our  resources,  will  postpone  the 
general  removal  of  Constitutional  disabilities  by  Congress,  will  give 
additional  reasons  for  federal  intervention,  and  will  delay  the  return 
of  peace  and  harmony  and  the  ultimate  restoration  of  the  Union. 

The  undersigned  therefore  protest  against  the  vacation  of  said 
offices,  or  any  of  them,  and  ask  that  this,  their  protest  be  spread 
upon  the  Journal. 

HENRY  R.  GIBSON, 
JAS.  W.  BRANSON, 
W.  B.  STALEY, 
J.  C.  PARKER, 
W.  H.  FINLEY,     . 
JOS.  H.  BLACKBURN. 


255 


tJNTY    SUBSCRIPTION. 

Mr  EfiLAND  offered  the  following  resolution: 

Jtcxohrd,    That  the  Counties  of  Grainger,  Hawkins,  Hancock, 

•M,  Campbell,  Scott,   Morgan,   Grundy,   Sumrier,  Smith,   Fen- 

VanBuren,  White,  Putnam,  Overtoil,  Jackson,  Cumberland, 

e,  Cocke,  Macon,   Anderson,  Henderson,  Roane,  Wayne   and 

Marshall,  be  excepted  out  of  the  provisions  of  Article  II,  Section 

29,  of  the  Constitution,  and  that  the  assent  of  a   majority  of  the 

qualified  voters  of  either  of  said   counties,  voting  on  the  question, 

•shall  be-  sufficient  when  the  credit  of  said  county  is  given  or  loaned 

to  any  person,  association,  or  corporation. 

Mr.  RUOAVX,  of  Davidson,  offered  the  following  amendment  to 
Mr.  Netherlands  resolution : 

Provided,  That  the  exception  of  the  counties,  above  named,  shall 
not  be  in  force  beyond  the  year  1880,  and  after  that  period  they 
shall  be  subject  to  the  three-fourths  majority  applicable  to  the  other 
counties  of  the  State. 

•Which  was  accepted  by  Mr.  NETHERLAND. 

Mr.  HOUSE,  of  Montgomery,  moved  to  lay  the  resolution  on  the 
table. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays,  which 
were  ordered,  and  the  motion  to  lay  on  the  table  rejected. 

Yeas     18 

Nays 54 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Bate,  Blizard,  Burkett,  Carter,  Doherty,  Drom- 
goole,  Fentress,  Fielder,  Hill  of  Warren,  Hill  of  Gibson,  House  of 
Montgomery,  etc.,  Jones  of  Lincoln,  Kennedy,  Morris,  Porter  of 
Henry,  Shelton  and  Stephens — 18. 

Those  voting  in  the  negative  are : 

Messrs.    Allen,    Baxter,    Brandon,    Branson,    Britton,    Brooks, 


son,  Gordon,  Heiskell,  Henderson,  House  of  Williamson,  Ivie, 
Jones  of  Giles,  Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal, 
McNabb,  Meeks,  Nether-land,  Nicholson,  Parker,  Porter  of  Hay- 
wood,  Sample,  Seay,  Shepard,  Staley,  Taylor,  Thompson  of  David- 
son, Thompson  of  Maury,  Turner,  Walters,  Warner,  Williamson 
and  Wright — 54. 

Mr.  Goi:i>ox  moved  to  refer  the   resolutions  to  the  Judiciarv 


256 

Committee,  with  instructions  to  report  a  provision  that,  under  the 
authority  of  an  act  of  the  Legislature,  the  excepted  counties,  by  a 
vote  of  the  majority  of  the  freehold  and  personal  property  tax-payers 
thereof,  may  loan  their  credit  to  railroad  companies. 

Mr.  GARNER  demanded  the  yeas  and  nays  on  the  adoption  of 
Mr.  Gordon's  resolution,  which  were  ordered,  and  the  resolution  re- 
jected. 

Yeas 9 

Nays 61 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Gibbs,  Gordon,  House  of  Montgomery, 
etc.,  Jones  of  Lincoln,  Kennedy,  McDougal  and  Meeks — 9. 

Those  voting  in  the  negative  are  : 

Messrs.  Bate,  Baxter,  Blizard,  Brandon,  Branson,  Britton, 
Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Bur- 
ton, Byrne,  Campbell,  Carter,  Chowning,  Coffin,  Cummings,  Cypert, 
Deaderick,  Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Fentress, 
Fielder,  Finley,  Fulkerson,  Gardner,  Garner,  Gaut,  Gibson,  Heis- 
kell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Wil- 
liamson, Ivie,  Key,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Morris, 
Netherlancl,  Nicholson,  Parker,  Porter  of  Haywood,  Porter  of 
Henry,  Sample,  Seay,  Shepard,  Shelton,  Staley,  Taylor,  Thompson 
of  Davidson,  Thompson  of  Maury,  Turner,  Walters,  Warner,  Wil- 
liamson and  Wright — 61. 

Mr.  SHEPARD  demanded  the  yeas  and  nays  on  the  adoption  of 
Mr.  Netherlands  resolution,  which  were  ordered,  and  the  resolution 
adopted. 

Yeas 48 

Nays ! 26 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Brandon,  Branson,  Britton,  Brooks, 
Brown  of  Davidson,  Byrne,  Campbell,  Chowning,  Coffin,  Cum- 
mings, Cypert,  Deaderick,  Dibbrell,  Fentress,  Finley,  Fulkerson, 
Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Gordon,  Heiskell,  Ivie, 
Jones  of  Giles,  Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal, 
McNabb,  Netherland,  Nicholson,  Parker,  Seay,  Shepard,  Staley, 
Taylor,  Thompson  of  Davidson,  Thompson  of  Maury,  Turner, 
Walters,  Warner,  Williamson  and  Wright — 48. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Blizard,  Brown  of  Henry,  etc.,  Burkett,  Burton, 
Carter,  Deavenport,  Doherty,  Dromgoole,  Fielder,  Henderson,  Hill 


257 

of  Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of  Mont- 
gomery, etc.,  Jones  of  Lincoln,  Kennedy,  Meeks,  Morris,  Porter  of 
Haywood,  Porter  of  Henry,  Sample,  Shelton  and  Stephens — 26. 

The  resolution  was  ordered  to  be  referred  to  the  Committee  on 
Revision. 

REPORT   OF    COMMITTEE   ON    ELECTIONS. 

Mr.  NICHOLSON,  from  the  Committee  on  Elections  and  Suffrage, 
made  the  following  report : 

The  Committee  on  Elections  and  Suffrage  have  considered  the 
propositions  of  Messrs.  Gordon  and  Gibson  as  to  filling  vacancies  in 
office,  and  have  agreed,  in  pursuance  of  said  propositions,  to  recom- 
mend the  Convention  to  adopt  the  following  as  Section  5,  of  Article 
IV,  of  the  Constitution. 

ARTICLE    IV. 

Sec.  5.  In  filling  vacancies  in  all  offices  under  this  Constitution, 
or  in  those  created  by  the  Legislature,  the  appointment  or  election 
shall  be  made  for  the  unexpired  term.  And  all  officers,  appointed 
or  elected,  shall  hold  until  their  successors  are  appointed,  or  elected 
and  qualified. 

All  of  which  is  respectfully  submitted. 

A.  O.  P.  NICHOLSON,  Chairman. 

The  amendment,  recommended  by  the  Committee  on  Elections 
and  Suffrage,  was  adopted,  and  ordered  to  be  referred  to  the  Com- 
mittee on  Revision. 

REPORT   ON   FINANCE,   ETC. 

Mr.  GARDNER,  from  the  Committee  on  Finance,  Internal  Im- 
provements and  Corporations,  made  the  following  report : 

The  Committee  have  reconsidered  their  report,  heretofore  made 
on  the  subject  of  interest,  and  have  instructed  me  to  ask  leave  to 
withdraw  the  previous  report  on  this  subject,  and  submit  the  fol- 
lowing in  lieu : 

INTEREST. 

The  legal  rate  of  interest  in  this  State  shall  be  six  per  centum' 
per  annum,  and  shall  be  equal  and  uniform  throughout  the  State ; 
but  any  rate  of  interest  shall  be  lawful  which  may  be  agreed  upon 
by  the  parties,  and  inserted  in  a  written  contract,  not  exceeding  ten 
per  centum  per  annum. 

All  of  which  is  respectfully  submitted. 

JOHN  A.  GARDNER,  Chairman. 
17 


258 

On  motion  of  Mr.  HEISKELL,  it  was  ordered  that  the  report  be 
laid  on  the  table  for  the  present. 

EESPECT   TO   MRS.   CATRON. 

The  PRESIDENT  announced  the  Committee  to  wait  on  Mrs. 
Catron,  to  be  :  Messrs.  Netherland,  Jones  of  Lincoln  and  Gardner. 

REPORT  ON  LEGISLATIVE  DEPARTMENT  FURTHER  CONSIDERED. 

The  Convention  resumed  the  consideration  of  the  report  of  the 
Committee  on  the  Legislative  Department. 

Mr.  KENNEDY  offered  the  following  amendment  to  Section  31, 
as  reported  by  the  Committee  : 

"  Nor  shall  any  Bank  be  owned  in  whole  or  in  part  by  the 
State." 

Mr.  MABRY  demanded  the  yeas  and  nays  on  the  adoption  of  Mr. 
Kennedy's  amendment,  which  were  ordered,  and  the  amendment 
adopted. 

Yeas 45 

Nays 23 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Bate,  Baxter,  Brandon,  Branson,  Britton, 
Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Byrne,  Camp- 
bell, Carter,  Coffin,  Cummings,  Deaderick,  Doherty,  Fentress, 
Fielder,  Finley,  Fulkerson,  Garner,  Gaut,  Gibson,  Gordon,  Hill  of 
Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of  Mont- 

f ornery,    etc.,    Jones   of    Lincoln,    Kennedy,    Key,    Kirkpatrick, 
IcNabb,  Morris,  Parker,  Porter  of  Haywood,   Porter  of  Henry, 
Sample,  Seay,  Staley,  Stephens,  Turner,  Walters,  Warner  and  Wil- 
liamson— 45. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Blizard,  Burkett,  Cypert,  Deavenport,  Dibbrell, 
Dromgoole,  Gardner,  Gibbs,   Heiskell,   Henderson,  I  vie,  Jones  o 
Giles,    Kyle,    Mabry,  McDougal,  Meeks,  Netherland,  Nicholson, 
Taylor,  Thompson  of  Davidson,  Thompson  of  Maury  and  Wright 
—23. 

The  Convention  took  a  recess  until  2J  o'clock. 


259 


AFTERNOON  SESSION. 


The  Convention  resumed  the  consideration  of  the  report  of  the 
Committee  on  the  Legislative  Department. 

Mr.  KENNEDY  offered  the  following  as  an  independent  section  : 
No  bonds  of  the  State  shall  be  issued  to  any  railroad  company  that 
lias  failed  to  pay  and  is  now  in  default  of  paying  the  interest  upon 
bonds  already  issued  to  it,  or  that  shall  at  any  time  before  applica- 
tion for  such  bonds,  be  in  default  of  such  payment,  or  that  has  sold 
or  absolutely  disposed  of  any  bonds  issued  to  it  for  less  than  par. 

On  motion  of  Mr.  FENTRESS,  it  was  ordered  that  100  copies  be 
printed  for  the  use  of  the  Convention,  and  that  it  be  referred  to  the 
Committee  on  Finance. 

Mr.  GIBSON  offered  the  following  amendment  to  Section  28  : 

Insert  the  word  "  exclusively  "  after  the  word  "  used,"  in  the 
seoond  line;  and  insert  the  words  "and  used"  after  the  word 
"  held  "  in  the  same  line. 

Which  was  adopted  by  the  Convention. 

Mr.  GIBSON  offered  the  following  amendment  to  Seection  28 : 

Strike  out  the  words  "  one  thousand  "  after  the  word  "  except " 
in  the  third  line,  and  insert  "  five  hundred." 

Mr.  MORRIS  demanded  the  yeas  and  nays  upon  the  adoption  of 
the  amendment,  which  were  ordered  and  the  amendment  rejected- 
Yeas a 22 

Nays 49 

Those  voting  in  the  affirmative  are : 

Messrs.  Brandon,  Brooks,  Brown  of  Davidson,  Burkett,  Burton, 
Byrne,  Chowning,  Cypert,  Fentress,  Finley,  Garner,  Gibbs,  Gibson, 
Hill  of  Warren,  Ivie,  Mabry,  Nicholson,  Parker,  Porter  of  Hay- 
wood,  Turner,  Williamson  and  Wright — 22. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Brandon,  Britton, 
Brown  of  Henry,  etc.,  Campbell,  Carter,  Coffin,  Cummings,  Dead- 
erick,  Deavcnport,  Dibbrell,  Doherty,  Dromgoole,  Fielder,  Gard- 
ner, Guut,  Gordon,  Heiskell,  Henderson,  Hill  of  Gibson,  House  of 
W  illiamson,  House  of  Montgomery,  etc.,  Jones  of  Lincoln,  Jones 


260 

of  Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle,  McDougal,  McNabb, 
Meeks,  Morris,  INetherland,  Porter  of  Henry,  Sample,  Seay,  Shep- 
ard,  Shelton,  Staley,  Stephens,  Taylor,  Thompson  of  Davidson, 
Thompson  of  Maury,  Waiters  and  Warner — 49. 

Mr.  CAKTER  offered  the  following  in  lieu  of  Section  28 : 

Article  II,  Section  28.  All  lands  held  by  deed,  grant  or  entry, 
town  lots,  bank  stocks,  and  such  other  property  as  the  Legislature 
may  deem,  from  time  to  time,  expedient,  shall  be  taxable,  except 
such  as  may  be  held  by  the  State,  by  counties,  cities  or  towns,  and 
used  for  public  or  corporation  purposes,  and  such  as  may  be  held 
for  purposes  purely  religious,  charitable,  scientific,  literary  or  edu- 
cational. All  property  shall  be  taxed  according  to  its  value,  that 
value  to  be  ascertained  in  such  manner  as  the  Legislature  shall  di- 
rect, so  that  the  sum  shall  be  equal  and  uniform  throughout  the 
State. 

No  one  species  of  property,  from  which  a  tax  may  be  collected, 
shall  be  taxed  higher  than  any  other  species  of  property  of  equal 
value.  But  the  Legislature  shall  have  power  to  tax  merchants, 
peddlers  and  privileges,  in  such  manner  as  they  may,  from  time  to 
time,  direct. 

The  Legislature  shall  levy  a  special  tax  upon  incomes  derived 
from  stocks  and  bonds  exempted  by  the  laws  of  the  United  States 
from  taxation. 

All  male  citizens  over  the  age  of  twenty-one  years  shall  be  liable 
to  a  poll-tax  of  not  less  than  fifty  cents  nor  more  than  one  dollar 
per  annum,  until  such  age  as  may  be  fixed  by  law. 

Mr.  THOMPSON,  of  Davidson,  oifered  the  following  amendment 
to  Section  28 : 

Be  it  resolved,  That  between  the  words  "taxed"  and  "except" 
in  the  first  line  of  Section  28,  be  inserted  the  words  "  but  the  Legis- 
lature may"  so  that  the  section  shall  read  :  All  property,  real,  per- 
sonal or  mixed,  shall  be  taxed,  but  the  Legislature  may  except,  etc. 

Mr.  THOMPSON,  of  Maury,  offered  the  following  as  an  amendment 
to  Mr.  Thompson's  of  Davidson  : 

In  third  line  insert  between  the  words  "and"  and  "except" 
the  words  "the  Legislature  may," so  that  the  section  will  then  read, 
"  and  the  Legislature  may  except  personal  property  to  the  amount 
of,"  etc. 

"Which  was  decided  to  be  out  of  order,  as  it  was  not  germain  to 
the  amendment  it  was  intended  to  amend. 

The  amendment  of  Mr.  THOMPSON,  of  Davidson,  was  adopted. 

Mr.  JONES,  of  Lincoln,  offered  the  following  in  lieu  of  paragraph 
1,  Section  28 : 


261 

All  real  estate  and  such  personal  property  as  the  General  As- 
sembly shall  designate,  shall  be  taxed  according  to  its  value,  except 
su<rh  as  may  be  held  by  the  State,  by  a  county,  a  city  or  town,  and 
used  tor  State,  county,  city  or  town  purposes,  ani'  such  as  may  be 
hold  for  purposes  purely  religious,  charitable,  scientific,  literary  or 
educational. 

Mr.  THOMPSON,  of  Maury,  again  presented  his  amendment. 

Mr.  FENTRESS  offered  the  following  amendment : 

Strike  out  of  Section  28,  lines  three  and   four,  the  words  "and 

'.-xcopt  one  thousand   dollars'   worth   of  personal  property  in  the 

1  Kind s  of  each  tax-payer." 

The  further  consideration  of  the  question  was  postponed  until  to- 
morrow. 

MERCHANTS'  BANQUET. 
Mr.  STEPHENS  presented  and  read  the  following  letter 

NASHVILLE,  Feb.  8,  1870. 
HON.  JOHN  C.  BROWN,  President,  etc. 

Dear  Sir:  The  merchants  of  Nashville  desirous 'of  testifying 
their  high  appreciation  of  the  manly,  conservative  and  patriotic  ac- 
tion of  your  honorable  body  upon  all  questions  of  public  interest 
upon  which  you  have  been  called  to  deliberate,  have  unanimously 
resolved  to  tender  to  you  and  through  you  to  the  members  of  the 
Constitutional  Convention,  a  complimentary  dinner.  You  are, 
ih(ii\ifoi\?,  most  csrdlilly  invited  to  b'3  prasent  at  the  merchants' 
banquet,  to  be  given  in  this  city  on  next  Tuesday.  The  exact  time 
and  place  will  be  indicated  in  the  cards  of  invitation,  which  will  be 
presented  to  each  member  of  the  Convention  as  soon  as  they  can  be 
prepared. 

We  have  the  honor  to  be,  very  respectfully,  your  obedient  ser- 
van ' 

MATTHEW  McCLUNG, 
JOHN  P.  WHITE, 
JOSEPH  B.  O'BRYAN. 

Committee  of  Invitation. 

Mr.  STEPHENS  presented  the  following  preamble  and  resolu- 
tions : 

WHEREAS,  The  merchants  of  Nashville  have  tendered  to  the 
members  of  this  Convention  an  invitation  to  a  complimentary  din- 
ner to  be  given  by  them ;  therefore, 

Resolved  1,  That  the  Convention  return  their  thanks  for  the  in 
vitation  so  kindly  given,  and  will  accept  the  same  as  tendered. 


262 

Resolved  2,  That  the  Secretary  of  the  Convention  furnish  a  copy 
these  proceenings  to  the  Committee  of  Invitation. 

The  resolutions  were  adopted. 

On  motion  of  Mr.  JONES,  of  Giles,  the  Convention  adjoin 
until  to-morrow  morning  at  9J  o'clocK. 


WEDNESDAY  MORNING,  FEBRUARY  9,  1870, 

The   Convention  met  pursuant  to  adjournment,  Mr.  Presiu 
BROWN  in  the  Chair. 
Prayer  by  the  Rev.  Mr.  WELCHSLER. 
The  Journal  of  yesterday  was  read,  corrected  and  approved. 

MEMORIALS   AND   PETITIONS. 

Mr.  THOMPSON,  of  Davidson,  presented  the  following  memorial : 

To  the  Constitutional  Convention  of  the  State  of  Tennessee,  now  sitting 
at  Nashville :  s 

Your  memorialists  would  respectfully  represent  to  your  honor- 
able body  that  circumstances  have  led  them  to  examine  the  muni- 
cipal laws  of  the  State  in  comparison  with  other  States  on  the  sub- 
ject of  taxation  and  the  sources  of  municipal  revenue.  We  are 
satisfied  that  municipal  corporations  ought  to  have  the  power  to 
discriminate  in  the  selection  of  the  species  of  property  to  be  taxed, 
and  should  have  authority  to  exempt  certain  property  taxed  by  the 
State,  from  taxation  by  themselves  and  also  with  priviliges.  But 
by  Section  28  of  the  Constitution,  Article  II,  all  property  is  to  be 
taxed  according  to  its  value,  and  no  species  of  property  from  which 
tax  may  be  collected,  shall  be  taxed  higher  than  any  other  species 
of  property  of  equal  value.  The  consequence  is  that  every  species 
of  property  the  State  taxes,  the  Corporation  taxes.  By  Section  1359 
of  the  Code,  Sub-Section  17,  it  will  be  seen  that  all  property  and 
priviliges  within  its  limits  which  are  subject  to  taxation  by  the 


263 

State,  must  be  taxed  by  the  Corporation;  and  so  it  is  the  ease  in  all 
municipal  corporations  granted  since  the  adoption  of  the  Constitu- 
tion. 

Now,  what  we  desire  is  that  the  existing  Corporations  shall  have 
the  power  to  discriminate  to  tax  one  species  of  property,  exempt 
another,  or  put  a  lower  rate  on  the  one  than  another,  and  that  the 
Legislature  should  be  empowered  to  grant  charters  allowing  such 
discriminations.  That  existing  municipal  corporations  shall  have 
the  power  to  levy  a  general  tax  on  the  city  or  town  for  corporation 
purposes,  and  make  a  special  assessment  upon  the  property  fronting 
on  a  street  for  the  improvement  of  the  street,  and  shall  have  the 
power  to  issue  bonds  for  any  particular  purposes ;  Provided,  They 
are  authorized  to  do  so  by  a  majority  of  two-thirds  of  the  voter* 
of  said  corporation  at  the  election  held  for  that  purpose,  and  that 
they  may  levy  a  tax  on  priviliges  or  not  as  they  may  see  proper. 

And  that  in  all  municipal  elections,  a  receipt  for  his  poll  tax  shall 
be  exhibited  and  shown  to  the  Judges  of  said  election  by  the  voters 
to  entitle  them  to  vcte. 

K.  J.  MORRIS, 

Mayor  of  Nashville, 
J.  B.  WHITE, 

Mayor  of  Edgefield. 

Which  was  read  and  referred  to  the  Committee  on  Finance  and 
Corporations. 

Mr.  DIBBRELL  presented  a  memorial  from  citizens  of  Sequatchie 
county  praying  that  said  county  be  declared  a  Constitutional  county, 
which,  without  being  read,  was  referred  to  the  Committee  on  New 
Counties  and  County  Lines. 

Mr.  MARTIN  presented  a  memorial  from  citizens  of  Grundy 
county,  praying  to  be  attached  to  the  county  of  Coffee,  which,  with- 
out being  read,  wr  s  referred  to  the  Committee  on  New  Counties  and 
County  Lines. 

REPORT   OF    COMMITTEE. 

Mr.  NETHERLAND,  from  the  Special  Committee  to  wait  on  Mrs. 
Catron,  made  the  following  report : 

The  Committee  appointed  to  wait  on  Mrs.  Judge  Catron,  to  as- 
certain when  it  would  be  convenient  for  her  to  receive  a  visit  of  re- 
spect from  this  Convention,  report :  That  they  have  performed  the 
duty  assigned  them,  and  that  it  will  be  convenient  and  agreeable  to 
Mrs.  Cat roii  to  receive  the  delegates  of  the  Convention  on  Friday, 
llth  instant,  at  1-J  o'clock,  p.  M. 


264 

The  Committee,  therefore,  recommend  the  adoption  of  the  follow- 
ing resolution : 

Resolved,  That  the  Convention,  in  a  body,  call  on  Mrs.  Catron  at 
the  time  indicated  in  the  report. 

Which  is  respectfully  submitted, 

JOHN  NETHERLAND. 

Mr.  SEAY,  from  the  Committee  on  New  Counties  and  County 
Lines,  made  the  following 

REPORT : 

"Which  was  read,  and  on  motion  of  Mr.  Taylor,  it  was  ordered 
that  it  be  laid  on  the  table,  and  100  copies  be  printed  for  the  use  of 
the  Convention : 

REPORT    OF   COMMITTEE    ON    NEW    COUNTIES    AND    COUNTY    LINES. 

The  Committee  on  New  Counties  and  County  Lines,  to  whom 
were  referred  sundry  propositions  and  memorials  for  the  amendment 
of  the  existing  Constitution  relating  to  said  subjects,  have  had  the 
same  under  consideration,  and  have  unanimously  instructed  me  to 
report  the  following  amendments  and  recommend  their  adoption. 

Taking  up  Article  X,  I  am  instructed  to  recommend  that  said 
article  be  amended  as  follows  : 

Sec.  4.  Strike  out  the  words  "  three  hundred  and  fifty "  in  the 
second  line,  and  insert  the  words  "  two  hundred  and  fifty."  Strike 
out  all  of  said  section,  after  the  word  "  miles,"  in  the  twelfth  line, 
and  insert  the  following  in  lieu  thereof:  Provided,  however,  that 
the  following  exceptions  be  made  to  the  foregoing  provisions,  viz: 
New  counties  may  be  established  by  the  present,  or  any  succeeding, 
Legislature,  out  of  the  following  territory,  to-wit : 

Out  of  that  portion  of  Obion  county  which  lies  west  of  low  water 
mark  of  Reel  Foot  Lake : 

Out  of  territory  made  up  of  fractions  of  Sumner,  Macon  and 
Smith  counties ;  but  no  line  of  such  county  shall  approach  the 
Court-house  of  Sumner  county,  nearer  than  nine  and  a  half  miles, 
nor  of  Smith  county,  nearer  than  ten  miles;  nor  shall  any  line 
thereof  include  any  territory  of  Macon  county  lying  within  nine 
and  a  half  miles  of  the  Court-house  of  Macon  county,  nor  shall 
more  than  twenty  square  miles  be  taken  from  Macon  county ;  nor 
shall  the  area  of  Sumner  or  Smith  counties  be  reduced  below  four 
hundred  square  miles,  in  the  formation  of  said  new  county: 

Out  of  territory  made  up  of  fractions  of  Jackson  and  Overtoil 
counties;  but  no  line  of  such  county  shall  approach  the  Court-house 
of  Jackson  county,  or  of  Overton  county,  nearer  than  ten  miles: 

Out  of  territory  made  up  of  fractions  of  Grainger  and  Jefferson 
counties ;  but  no  line  of  such  county  shall  approach  the  Court-house 


265 

of  Grainger  county,  nearer  than  the  Holston  River,  at  the  point 
nearest  said  Court-house,  nor  shall  any  line  thereof  approach  the 
Court-house  of  Jefferson  county  nearer  than  eleven  miles: 

Out  of  territory .  made  up  of  fractions  of  Roane,  Monroe  and 
Blount  counties;  but  no  line  of  such  new  county  shall  approach 
the  towns  of  Maryville,  Kingston  or  Madisonville,  nearer  than 
eleven  miles : 

"  The  counties  of  Cheathara  and  Sequatchie,  as  now  established 
by  Legislative  enactments,  are  hereby  declared  to  be  Counstitution- 
al  counties.  Provided,  That  no  other  territory  of  Bledsoe  county 
shall  be  taken  to  form  a  new  county,  or  any  part  thereof,  or  attached 
to  any  adjoining  county. 

The  Committee  further  instruct  me  to  report  that,  in  the  opinion 
of  the  Committee,  the  memorials  from  the  counties  of  Dyer,  Gib- 
son, Hay  wood  and  Madison  ;  and  Fayette,  Hardeman  and  McNairy ; 
and  of  Henderson,  Madison,  Carroll  and  Gibson ;  and  of  Maury, 
Williamson,  Rutherford,  Marshall  and  Bedford,  are  reasonable,  and 
entitled  to  favorable  consideration  by  this  body;  these,  together 
with  the  memorials  from  the  counties  of  Benton,  Decatur,  Hender- 
son and  Carroll;  and  Obion,  Dyer,  Carroll  and  Weakley ;  and 
Hardeman,  Madison,  McNairy  and  Henderson ;  and  Weakley,  Car- 
roll and  Henry;  and  Lincoln,  Bedford  and  Franklin  counties,  and 
the  memorial  from  citizens  of  Marion  county,  asking  to  be  attached 
to  Grundy  county,  have  each  been  fully  and  fairly  investigated  by 
the  Committee,  and  the  Committee  have  instructed  me  to  report  said 
memorials  back,  and  recommend  them  to  the  respectful  considera- 
tion of  the  Convention,  believing  them  to  be  entitled  to  such  by 
this  body. 

The  Committee  recommend  no  amendment  to  Section  5,  of  said 
Article. 

A  majority  of  the  Committee  have  instructed  me  to  report  that 
they  recommend  no  other  amendments  to  Section  4,  of  said  Article, 
than  those  above  specified,  from  which  instruction  a  minority  of  the 
Committee  have  dissented.  Below  will  be  found  the  Majority 
Report  of  the  Committee,  which  they  recommend  as  a  substitute 
for  the  4th  and  5th  Sections  of  Article  X,  of  the  present  Consti- 
tution. 

The  Committee  ask  to  be  discharged  from  the  further  consid- 
eration of  the  matters  referred. 

All  of  which  is  respectfully  submitted, 

GEORGE  E.  SEAT, 

Feb.  9th,  1870.  Chairman. 

MAJORITY    REPORT   OF    THE    COMMITTEE    ON    NEW    COUNTIES    AND 

COUNTY   LJNKS. 

Section  4.  New  counties  may  be  established  by  the  Legislature  to 


266 

consist  of  not  less  than  two  hundred  and  fifty  square  miles,  and  which 
shall  contain  a  population  of  four  hundred  and  fifty  qualified  voters. 
No  line  of  such  county  shall  approach  the  Court-house  of  any  old 
county,  from  which  i'  may  be  taken,  nearer  than  twelve  miles.  No 
part  of  a  county  shall  be  taken  oif  to  form  a  new  county,  or  a  part 
thereof,  without  the  consent  of  a  majority  of  the  qualified  voters  in 
such  part  taken  oif.  And  in  all  cases  where  an  old  county  may  be 
reduced  for  the  purpose  of  forming  a  new  one,  the  seat  of  justice  in 
said  old  county  shall  not  be  removed  without  the  concurrence  of 
two-thirds  of  both  branches  of  the  Legislature,  nor  shall  said  old 
county  be  reduced  to  less  than  six  hundred  and  twenty-five  square 
miles  :  Provided,  however,  that  the  following  exceptions  be  made  to 
the  foregoing  provisions,  viz  :  New  counties  may  be  established  by 
the  present,  or  any  succeeding  Legislature,  out  of  the  following  ter- 
ritory, to-wit : 

Out  of  that  portion  of  Obion  county  wich  lies  west  of  low  water 
mark  of  Reel  Foot  Lake: 

Out  of  territory  made  up  of  fractions  of  Sumner,  Macon  and 
Smith  counties ;  but  no  line  of  such  county  shall  approach  the 
Court-house  of  Sumner  county,  nearer  than  nine  and  a  half  miles, 
nor  of  Smith  county,  nearer  than  ten  miles ;  nor  shall  any  line 
thereof  include  any  territorjr  of  Macon  county  lying  within  nine 
and  a  half  miles  of  the  Court-house  of  Macon  county,  nor  shall 
more  than  twenty  square  miles  be  taken  from  Macon  county ;  nor 
shall  the  area  of  Sumner  or  Smith  counties  be  reduced  below  four 
hundred  square  miles,  in  the  formation  of  said  new  county: 

Out  of  territory  made  up  of  fractions  of  Jackson  and  Overton 
counties ;  but  no  line  of  such  county  shall  approach  the  Court-house 
of  Jackson  county,  or  of  Overton  county,  nearer  than  ten  miles: 

Out  of  territory  made  up  of  fractions  of  Grainger  and  Jefferson 
counties ;  but  no  line  of  such  county  shall  approach  the  Court-house 
of  Grainger  county,  nearer  than  the  Holston  River,  at  the  point 
nearest  said  Court-house,  nor  shall  any  line  thereof  approach  the 
Court-house  of  Jefferson  county  nearer  than  eleven  miles: 

Out  of  territory  made  up  of  fractions  of  Roane,  Monroe  and 
Blount  counties,  but  no  line  of  such  new  county  shall  approach  the 
towns  of  Maryville,  Kingston  or  Madisonville,  nearer  than  eleven 
miles. 

The  counties  of  Cheatham  and  Sequatchie,  as  now  established  by 
Legislative  enactments,  are  hereby  declared  to  be  Constitutional 
counties.  Provided,  That  no  other  territory  of  Bledsoe  county 
shall  be  taken  to  form  a  new  county,  or  any  part  thereof,  or  attach- 
ed to  any  adjoining  county. 

Sec.  5.  The  citizens  who  may  be  included  in  any  new  county, 
shall  vote  with  the  county  or  counties  from  which  they  may  have 
been  stricken  off,  for  members  of  Congress,  for  Governor  and  for 
members  of  the  General  Assembly,  until  the  next  apportionment  of 


267 

members  to  the  General  Assembly  after  the  establishment  of  such 
new  county. 

Mr.  GIBBS,  from  the  minority  of  the  Committee  on  New  Counties 
and  County  Lines,  made  the  following  report,  which,  on  motion  of 
Mr.  TAYLOR,  was  ordered  to  be  laid  on  the  table,  and  100  copies 
printed  for  the  use  of  the  Convention  : 

REPORT   OF  THE  MINORITY  OF  THE   COMMITTEE  ON  NEW  COUNTIES 
AND  COUNTY  LINES. 

The  undersigned,  a  minority  of  the  Committee  to  which  was  re- 
ferred the  consideration  of  New  Counties  and  County  Lines,  beg 
leave  to  submit  the  following  report : 

That,  while  agreeing  to  that  portion  of  the  Majority  Report  re- 
commending1 the  establishment  of  New  Counties  with  an  area  of 
250  square  miles,  they  cannot  concur  in  the  opinion  that  no  old 
cuiinty  shall  be  reduced  below  an  area  of  625  square  miles,  prescrib- 
ed by  the  Constitution  of  1834. 

They  believe  that  many  courties,  now  rapidly  filling  up  with  a 
thrifty  and  industrious  population,  and  capable  of  sustaining  an  im- 
mense number  of  people,  will  very  soon,  if  they  do  not  now,  demand 
a  change  in  the  present  order. 

While  they  believe  that  the  framers  of  the  Old  Constitution  acted 
for  the  best,  and  acted  wisely  in  the  then  existing  conditiQii  of  affairs, 
they  do  not  think  it  was  intenaed  by  them,  in  all  time  to  come,  to 
inconvenience  the  many  for  the  benefit  01  the  few,  but  that  the 
sparse  population  of  the  then  unsettled  country,  was  a  material 
consideration  with  the  wise  men  who  framed  the  Old  Constitution, 
and  with  the  passing  away  of  that  reason,  has  passed  away  all  rea- 
son why  counties  shall  be  so  large. 

They  hold  that  the  subdivision  of  counties,  within  reasonable 
limits,  should  depend  upon  the  wants  of  the  people  and  subserve 
their  convenience,  and  that  true  statesmanship  should  secure  to 
th6se  who  actually  need  it,  a  convenient  and  accessible  point  for  the 
transaction  of  their  legal,  police  and  registration  business. 

They  believe  that  the  present  Convention  should  provide  against 
the  annoyance  and  inconvenience  which  will  result  to  a  very  large 
portion  of  the  tax-payers  of  Tennessee  from  a  forty  years'  continu- 
ance of  the  present  system,  and  common  prudence  should  dictate  to 
us  to  provide,  while  we  can,  a  remedy  for  the  evil. 

They  believe  that  in  those  cases,  where  a  whole  community  are 
deliberately  willing  to  go  to  themselves,  and  asking  no  aid  from  the 
counties  they  leave,  build  for  themselves  Court-houses  and  jails, 
they  should  be  allowed  to  do  so,  especially  by  the  old  counties  to 
whieh  they  have  been  tributary,  and  which  retain  the  buildings 
erected  by  their  joint  efforts.  Their  willingness  to  undertake  the 
cost  is  the  best  evidence  of  the  utility  of  the  movement. 


268 

The  State  will  lose  nothing,  for  where  now  centres  of  business, 
trade,  education  and  religion  are  found  in  districts  before  remote 
and  inacessible,  property  will  be  in  enhanced  in  value  proportionate 
to  the  increased  advantages,  and  furnish  a  proportionate  increase  to 
her  revenue.  No  longer  time  will  be  required  to  transact  the  legal 
business  of  the  section  than  when  it  was  tied  on  to  the  old  county, 
and,  therefore,  no  added  cost  or  labor  to  the  judicial  officers  ;  and 
indeed  there  will  be  added  no  cost  to  any  save  themselves,  and  this 
will  be  amply  recompensed  to  them  in  the  saving  of  time,  expense, 
and  travel  incurred  in  attending  distant  courts,  oft-times  imperiling 
their  lives  by  swimming  swollen  streams  which  they  must  cross  un- 
der subpoena,  recompensed  to  them  by  being  permitted  to  return  to 
their  families  after  the  daily  adjournment  of  courts,  instead  of  camp- 
ing about  the  village  where  courts  are  usually  held,  and  which  sel- 
dom have  acommodations  for  the  miserable  throng  of  litigants, 
jurors  and  witnesses,  too  far  off  to  go  home,  and  sometimes  too 
poor  to  pay  for  good  lodging  if  procurable. 

And,  besides,  the  labor  system  of  the  country  is  so  changed,  its 
lands  being  divided  into  small  parcels,  and  every  man  becoming 
his  own  servant  to  do  his  work,  that  considerations  of  public  con- 
venience require  that  his  compelled  absence  at  court  shall  not  be  a 
journey  of  days,  but  shall  permit  him  to  chop  wood  for  his  shiver- 
ing children,  and  feed  his  famished  stock. 

The  day  is  past  when  a  gentleman  can  go  to  court  in  his  carriage, 
leaving  a  host  of  servants  to  wait  upon  his  household. 

These  and  many  other  considerations,  which  will  readily  present 
themselves  to  the  Convention,  have  induced  the  undersigned  to 
offer,  in  lieu  of  so  much  of  the  majority  report  as  re-establishes  the 
old  constitutional  limits  of  625  square  miles,  and  requires  a  limit 
of  12  miles  from  county  seats,  the  following: 

Provided,  That  no  old  county  shall  be  reduced  in  forming  a  new 
county  to  a  less  territory  than  450  square  miles,  and  no  section  of 
an  old  county  shall  be  taken  off  to  form  a  new  one,  or  to  be  trans- 
ferred to  another,  without  a  majority  of  the  voters  of  said  section 
voting  therefor. 

All  of  which  is  respectfully  submitted. 

C.  N.  GIBBS, 
GEORGE  E.  SEAY, 
RICHARD  WARNER,  JR. 

REPORT  ON  LEGISLATIVE  DEPARTMENT  FURTHER  CONSIDERED. 

The  Convention  resumed  the  consideration  of  the  unfinished 
business  of  yesterday — the  report  of  the  Committee  on  the  Legis- 
lative Department. 

The  question  recurring  on  the  amendment  of  Mr.   THOMPSON  of 


269 

Maury,  Mr.  Jones,  of  Lincoln,  demanded  the  yeas  and  nays  on  the 
adaption  of  the  amendment,  which  were  ordered,  and  the  amend- 
ment rejected. 

Yeas 31 

Nays 36 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Blizard,  Branson,  Britton,  Brown 
of  Henry,  etc.,  Byrne,  Campbell,  Chowning,  Cypert,  Deaderick, 
Boherty,  Dromgoole,  Finley,  Garner,  Gaut,  Gibbs,  Gibson,  Gordon, 
McDougal,  Meeks,  Nicholson,  Parker,  Porter  of  Henry,  Sample, 
Seay,  Thompson  of  Davidson,  Thompson  of  Maury,  Turner  and 
Warner — 31. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Brandon,  Brooks,  Browrn  of  Davidson,  Coffin, 
Cummin^s,  Deavenport,  Dibbrell,  Fentress,  Fielder,  Fulkerson, 
Gardner,  Hei&kell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Montgomery, etc.,  Ivie,  Jones  of  Lin- 
coln, Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle,  McNubb, 
Morris,  Xetherland,  Porter  of  Hay  wood,  Shepard,  Shelton,  Stephens, 
Taylor,  Walters,  Williamson  and  Wright— 36. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  on  the 
adoption  of  Mr.  Fentress7  amendment,  which  were  ordered,  and 
the  amendment  was  rejected. 

Yeas 10 

Kays 59 

Those  voting  in  the  affirmative  are : 

Messrs.  Burkett,  Campbell,  Fentress,  Garner,  Gaut,  Nicholson, 
Thompson  of  Davidson,  Williamson  and  Wright — 10. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Bate,  Baxter;  Blizard,  Brandon,  Branson, 
Britton,  Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Byrne, 
Chowni.  g,  Coffin,  Cummings,  Cypert,  Deaderick,  Deavenport,  Dib- 
brell, Doherty,  Dromgoole,  Fielder,  Finley,  Fulkerson,  Gardner, 
Gibbs,  Gibson,  Gordon,  Heiskell,  Henderson,  Hill  of  Warren,  Hill 
oi  Gibson,  House  of  Williamson,  House  of  Montgomery,  etc.,  Ivie, 
Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick, 
Kyie,  McDougal,  McNabb,  Martin,  Meeks,  Morris,  Netherland, 
Parker,  Porter  of  Haywood,  Porter  of  Henry,  Sample,  Seay, 
Shepard,  Shelton,  Stephens,  Taylor,  Turner,  Walters  and  Warner — 
59. 

Mr.  PGRTEE,  of  Haywood,  offered  the  following  amendment : 
After  the  word  "  educational,"  in  Section  28,  line  3,  insert  the  fol- 


270 

lowing  :  There  shall  be  exempted  $500  worth  of  real  estate,  and 
$500  worth  of  personal  property,  in  the  hands  of  each  tax-payer, 
and  the  direct  product  of  the  soil  in  the  hands  of  the  producer. 

Mr.  NETHERLAND  moved  to  lay  the  pending  amendments  on  the 
table. 

Mr.  WILLIAMSON  demanded  the  yeas  and  nays,  which  were  or- 
dered, and  the  motion  to  lay  on  the  table  adopted. 

Yeas 51 

Nays 16 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Brandon,  Branson, 
Britton,  Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Byrne, 
Chowning,  Coffin,  Cummings,  Deaderick,  Doherty,  /  Dromgoole, 
Fielder,  Finley,  Gardner,  Garner,  Gaut,  Gibbs,  Henderson,  Hill  of 
Gibson,  House  of  Williamson,  House  of  Davidson,  etc.,  Ivie,  Jones 
of  Lincoln,  Kennedy,  Kirkpatrick,  Kyle,  Mabry,  McDougal, 
MoNabb,  Martin,  Meeks,  Morris,  Netherland,  Nicholson,  Porter  of 
Henry,  Sample,  Seay,  Shepard,  Stephens,  Taylor,  Thompson  of 
Davidson,  Walters,  Warner  and  Wright — 51. 

Those  voting  in  the  negative  are  : 

Messrs.  Burkett,  Campbell,  Deavenport,  Dibbrell,  Fentress, 
Fulkerson,  Gibson,  Gordon,  Heiskell,  Hill  of  Warren,  Jones  of 
Giles,  Key,  Parker,  Porter  of  Hay  wood,  Thompson  of  Maury,  and 
Williamson — 16. 

Mr.  FENTRESS  moved  to  amend  by  striking  out  the  word  "  per- 
sonal "  in  the  4th  line,  so  that  it  shall  read  :  •  "And  except  one 
thousand  dollars  worth  of  property  in  the  hands  of  each  tax-payer, 
and  the  direct  products  of  the  soil  in  the  hands  of  the  producer." 

On  motion  of  Mr.  IVIE,  the  amendment  was  laid  on  the  table. 

Mr.  STEPHENS  offered  the  following,  in  lieu  of  the  first  four  lines 
of  Section  28,  Article  II,  as  reported  by  the  Committee : 

All  property  shall  be  taxed  except  such  as  may  be  owned  by  the 
State,  and  except  such  as  may  be  owned  by  counties,  cities,  or 
towns,  or  agricultural  fairs,  chartered  by  the  State,  and  used  exclu- 
sively for  public  or  corporation  purposes ;  and  except  such  real 
estate  as  may  be  held  and  used  exclusively  for  the  purpose  of  re- 
ligious worship,  or  held  and  used  exclusively  as  public  schools, 
academies,  colleges,  cemeteries,  asylums  for  the  insane,  for  orphans, 
or  for  the  indigent.  Provided,  That  so  much  only  of  such  real 
estate  as  shall  be  used  exclusively  for  such  purposes,  or  for  any  two 
or  more  of  them,  shall  be  exempted. 

There  shall  also  be  exempted  one  thousand  dollars  worth  of  per- 


271 

sonal  property  in  the  hands  of  each  tax-payer,  and  the  direct  pro- 
ducts of  the  .soil  in  the   hands  of  the  producer. 

Mr.  HILL,  of  Gibson,  moved  to  amend  the  amendment  by  strik- 
ing out  "shall "  and  inserting  "may"  in  the  first  line. 

Mr.  I  VIE  moved  to  lay  the  amendment  on  the  table. 

Mr.  HOUSE,  of  Williamson,  demanded  the  yeas  and  nays,  which 
wi-re  ordered,  and  the  motion  to  lay  on  the  table  rejected. 

Yeas 25 

Nays 43 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Bate,  Branson,  Burkett,  Deaderick,  Dromgoole, 
Fulkerson,  Garner,  Gaut,  Gibson,  Heiskell,  Henderson,  Hill  of 
Gibson,  Ivie,  Jones  of  Giles,  Kirkpatrick,  Kyle,  Mabry,  Martin, 
Netherland,  Nicholson,  Parker,  Sample,  Thompson  of  Davidson, 
and  Thompson  of  Maury — 25. 

Those  voting  in  the  negative  are : 

Messrs.  A  lien,  Baxter,  Blizard,  Brandon,  Britton,  Brooks,  Brown 
of  Davidson,  Brown  of  Henry,  etc.,  Byrne,  Campbell,  Chowning, 
Coffin,  Cu minings,  Cypert,  Deavenport,  Dibbrell,  Doherty,  Fen- 
tress,  Fielder,  Finley,  Gardner,  Gibbs,  Gordon,  Hill  of  Warren, 
House  of  Williamson,  House  of  Davidson,  etc.,  Jones  of  Lincoln, 
Kennedy,  Key,  McDougal,  McNabb,  Meeks,  Morris,  Porter  of 
Haywood,  Porter  of  Henry,  Seay,  Shepard,  Shelton,  Stephens, 
Turner,  Warner,  Williamson  and  Wright— 43. 

Mr.  FIELDER  demanded  the  yeas  and  nays  upon  the  adoption  of 
Mr.  Stephens'  amendment,  which  were  ordered,  and  the  amendment 
rejected. 

Yeas 16 

Nays 53 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Brandon,  Brooks,  Brown  of  Henry,  etc., 
Chowning,  Dibbrell,  Doherty,  Finley,  Morris,  Seay,  Shepard, 
Stephens,  Turner,  Walters  and  Williamson — 16. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Blizard,  Branson,  Britton,  Brown  of 
Davidson,  Burkett,  Byrne,  Campbell,  Coffin,  Cummings,  Cypert, 
Deaderick,  Deavenport,  Fentress,  Fielder,  Fulkerson,  Gardner, 
(iarncr,  Gaut,  Gibbs,  Gibson,  Gordon,  Heiskell,  Henderson,  Hill  of 
Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of  Mont- 
gomery, etc.,  Ivie,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Key, 
Kirpatrick,  Kyle,  McDougal,  McNabb,  Martin,  Meeks,  Nether- 


272 

land,  Nicholson,  Parker,  Porter  of  Haywood,  Porter  of  Henry, 
Sample,  Shelton,  Taylor,  Thompson  of  Davidson,  Thompson  of 
Maury,  Warner  and  Wright — 53. 

Mr.  IVIE  offered  the  following  in  lieu  of  the  first  four  lines  of 
Section  28,  as  reported  by  the  Committee  : 

All  lands  held  by  deed,  grant,  or  entry,  town  lots,  bank  stock,  and 
such  other  property  as  the  Legislature  may  from  time  to  time  deem 
expedient^  shall  be  taxable. 

Mr.  HOUSE,  of  Williamson,  demanded  the  yeas  and  nays  on  the 
adoption  of  Mr.  Ivie's  amendment,  which  were  ordered,  and  the 
amendment  adopted. 

Yeas 36 

Nays 33 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Bate,  Branson,  Britton,  Brooks,  Chowning, 
Cummings,  Deaderick,  Dromgoole,  Fentress,  Fulkerson,  Garner, 
Gaut,  Gibson,  Gordon,  Henderson,  Hill  of  Warren,  Hill  of  Gib- 
son, Ivie,  Jones  of  Lincoln,  Jones  of  Giles,  Kirkpatrick,  Kyle, 
McDougal,  McNabb,  Martin,  Meeks,  Netherland,  Nicholson,  Par- 
ker, Sample,  Taylor,  Thompson  of  Davidson,  Thompson  of  Maury, 
Walters  and  Warner — 36. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Brown  of  Davidson, 
Brown  of  Henry,  etc.,  Burkett,  Byrne,  Campbell,  Coffin,  Cypert, 
Deavenport,  Dibbrell,  'Doherty,  Fielder,  Finley,  Gardner,  Gibbs, 
Heiskell,  House  of  Williamson,  House  of  Montgomery,  etc.,  Ken- 
nedy, Key,  Morris,  Porter  of  Haywood,  Porter  of  Henry,  Seay, 
Shepard,  Shelton,  Stephens,  Turner,  Wrilliamson  and  Wright — 33. 

Mr.    HEISKELL   offered   the  following  amendment    after   first 
clause : 

Property  used  for  manufacturing  purposes  may  be  temporarily 
exempted  by  law  from  taxation,  but  not  for  a  period  greater  than 
ten  years  from  the  establishment  of  such  manufactory.  But  in 
such  case  of  temporary  exemption,  profits  realized  by  such  es- 
tablishment shall  be  subject  to  a  special  tax. 

Mr.  JONES,  of  Lincoln,  submitted  the  following  in  lieu  of  Mr. 
Heiskeil's  amendment : 

"  The  General  Assembly  shall  have  no  power  to  exempt  from 
taxation  the  property  or  capital  of  incorporated  companies." 

The  Convention  took  a  recess  until  2J  o'clock  p.  M. 


273 


AFTERNOON  SESSION. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  on  the 
adoption  of  his  amendment  in  lieu,  which  were  ordered,  and  the 
amendment  rejected. 

Yeas 33 

Nays 38 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Bate,  Blizard,  Brandon,  Britton,  Brooks, 
Burkett,  Chowning,  Deaderick,  Dromgoole,  Fentress,  Fielder,  Fin- 
ley,  Garner,  Gaut,  Gordon,  Hill  of  Warren,  Ivie,  Jones  of  Lincoln, 
Jones  of  Giles,  Kyle,  Martin,  Meeks,  Morris,  Porter  of  Henry, 
Sample,  Staley,  Taylor,  Thompson  of  Maury,  Walters,  Warner  and 
Williamson— 33. 

Those  voting  in  the  negative  are: 

Messrs.  Baxter,  Branson,  Brown  of  Davidson,  Brown  of  Henry, 
etc.,  Burton,  Byrne,  Campbell,  Carter,  Coffin,  Cummings,  Cypert, 
Dibbrell,  Doherty,  Fulkerson,  Gardner,  Garner,  Gibbs,  Gibson, 
Heiskell,  Henderson,  Hill  of  Gibson,  House  of  Williamson,  House 
Montgomery,  etc.,  Kennedy,  Key,  Kirkpatrick,  McDougal,  Mc- 
Nabb,  Netherland,  Nicholson,  Parker,  Porter  of  Haywood,  Seay, 
Shepard,  Shelton,  Stephens,  Thompson  of  Davidson,  and  Wright 
—38. 

On  motion  of  Mr.  BROWN,  of  Henry,  etc.,  the  amendment  of 
Mr.  Heiskell  was  amended  by  striking  out  "  ten "  and  inserting 
"  five.'7 

Mr.  THOMPSON,  of  Maury,  offered  the  following  amendment : 
The  General  Assembly  shall  have  no  power  to  exempt  from  tax- 
ation the  property  of  any  person,  partnership  or  corporation  en- 
gaged in  mining,  manufacturing  or  any  other  branch  of  industry. 

Mr.  GARNER  moved  to  lay  the  amendment  of  Mr.  Thompson  on 
the  table. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays,  which  were 
ordered,  and  the  amendment  was  laid  on  the  table. 

Yeas 51 

Nays 14 

Those  voting  in  the  affirmative  are : 

Messrs.   Baxter,   Blizard,  Brandon,   Branson,   Brittou,  Brooks. 
18 


274 

Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Bryne, 
Campbell,  Carter,  Coffin,  Cummings,  Cypert,  Deaderick,  Dibbrell, 
Doherty,  Dromgoole,  Fielder,  Fulkerson,  Gardner,  Garner,  Gibbs, 
Gibson,  House  of  Williamson,  House  of  Montgomery,  etc.,  Ivie., 
Kennedy,  Key,  Kirkpatrick,  Kyle,  McDougal,  McNabb,  Meeks., 
Morris,  Netherland,  Nicholson,  Parker,  Porter  of  Haywood,  Sam- 
ple, Seay,  Shepard,  Staley,  Stephens,  Taylor,  Thompson  of  David- 
son, Williamson  and  Wright — 51. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Chowning,  Fentress,  Finley,  Gordon,, 
Jones  of  Lincoln,  Jones  of  Giles,  Martin,  Porter  of  Henry,  Thomp- 
son of  Miury,  Turner,  Walters  and  Warner — 14. 

Mr.  BAXTER  demanded  the'  yeas  and  nays  on  the  adoption  of  Mr. 
HeiskelPs  amendment  as  amended,  which  were  ordered,  and  the 
amendment  rejected. 

Yeas .27 

Nays 44 

Those  voting  in  the  affirmative  are  : 

Messrs.  Bate,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Bur- 
ton, Byrne,  Campbell,  Carter,  Coffin,  Cummings,  Cypert,  Doherty, 
Fulkerson,  Gardner,  Gibbs,  Heiskell,  House  of  Williamson,  House 
of  Montgomery,  etc.,  Kennedy,  Key,  McDougal,  Nicholson,  Porter 
of  Haywood,  Shepard,  Taylor,  Thompson  of  Davidson,  Turner 
and  Wright— 27. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Blizard,  Brandon,  Branson,  Brit- 
ton,  Brooks,  Burkett,  Chowning,  Deaderick,  Deavenport,  Dibbrell, 
Dromgoole,  Fentress,  Fielder,  Finley,  Garner,  Gibson,  Gordon. 
Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Jones  of  Lin- 
coln, Jones  of  Giles,  Kirkpatrick,  Kyle,  McNabb,  Martin,  Meeks, 
Morris,  Netherland,  Parker,  Porter  of  Henry,  Sample,  Seay,  Shelton. 
Staley,  Stephens,  Thompson,  Walters,  Warner  and  Williamson — 44. 
•  Mr.  IVIE  offered  the  following  amendment  to  Section  28 : 

But  in  no  case  shall  the  property  of  the  State  be  taxed.  The 
Legislature  may  except  property  held  by  counties,  cities,  towns,  vil- 
lages or  corporations,  and  by  them  used  for  strictly  religious,  scien- 
tific, literary  or  educational  purposes. 

Mr.  CUMMINGS  demanded  the  yeas  and  nays  on  the  adoption  of 
the  amendment,  which  were  ordered,  and  the  amendment  rejected. 

Yeas 27 

Nays 44 

Those  voting  in  the  affirmative  are: 


275 

Messrs.  Arledge,  Baxter,  Britton,  Carter,  Cypert,  Deaderick,  Dib- 
brell,  Gordon,  Hill  of  Gibson,  Ivie,  Jones  of  Lincoln,  Jones  of 
<Jih\s,  Kirkpatrick,  Kyle,  McDougal,  Martin,  Meeks,  Nether  land, 
Nicholson,  Seay,  Taylor,  Thompson  of  Davidson,  Thompson  of 
Maury,  Turner,  Walters  and  Warner — 27. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Bate,  Blizard,  Brandon,  Branson,  Brooks,  Brown 
of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Camp- 
bell, Chowning,  Coffin,  Cummings,  Deavenport,  Doherty,  Droin- 
goole,  Fentress,  Fielder,  Finley,  Fulkerson,  Gardner,  Garner,  Gibb.s, 
Gibson,  Heiskell,  Henderson,  Hill  of  Warren,  House  of  William- 
son, Kennedy,  Key,  McNabb,  Morris,  Parker,  Porter  of  Haywood, 
Porter  of  Henry,  Sample,  Shepard,  Shelton,  Staley,  Stephens, 
Williamson  and  Wright — 44. 

Mr.  FENTRESS  moved  to  reconsider  the  vote  by  which  Mr.  Ivie's 
amendment  in  lieu  of  the  first  four  lines  of  Section  28  was  adopted. 

Mr.  WALTERS  moved  to  lay  the  motion  to  reconsider  on  the  table, 
and  demanded  the  yeas  and  nays,  which  were  ordered,  and  the  mo- 
tion to  lay  on  the  table  rejected. 

Yeas 29 

Nays 42 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Britton,  Brown  of  Davidson,  Carter,  Cummings, 
Deaderick,  Dromgoole,  Fielder,  Fulkerson,  Garner,  Gordon,  Hender- 
son,Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Jones  of  Lincoln,  Jones  of 
Giles,  Kirkpatrick,  Kyle,  McDougal,  McNabb,  Meeks,  Netherland, 
Nicholson,  Taylor,  Thompson  of  Davidson,  Turner  and  Waiters 
—29. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Branson,  Brooks 
Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell,  Chown- 
ing, Coffin,  Cypert,  Deavenport,  Dibbrell,  Doherty,  Fentress,  Fin- 
ley,  Gardner,  Gibbs,  Gibson,  Heiskell,  House  of  Williamson,  House 
of  Montgomery,  etc.,  Kennedy,  Key,  Martin,  Morris,  Parker,  Por- 
ter of  Haywood,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Shelton, 
Staley,  Stephens,  Warner,  Williamson  and  Wright — 42. 

The  further  consideration  of  the  subject  was  postponed  until  to- 
morrow. 

LEAVES  OF  ABSENCE. 

On  motion  of  Mr.  NETHERLAND,  indefinite  leave  of  absence  was 


276 

granted  to  Mr.  Carter,  delegate  from  Carter  and  Johnson,  on  a<? 
count  of  ill-health. 

On  motion  of  Mr.  BURTON,  leave  of   absence  was  granted  Mr, 
Cummings  for  the  remainder  of  the  week. 

On  motion  of  Mr.  JONES,  of  Giles,  the  Convention  adjourned  un.- 
til  to-morrow  morning  at  9J  o'clock. 


THURSDAY  MORNING,  FEBRUARY  10,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair, 

Prayer  by  the  Eev.  Mr.  INMAN, 

The  Journal  of  yesterday  was  read  and  approved,, 

MEMORIALS   AND   PETITIONS, 

Mr.  SHEPARD  presented  a  memorial  from  citizens  of  Wilson, 
Smith,  DeKalb,  Cannon  and  Rutherford  Counties,  praying  the 
creation  of  a  new  county  out  of  portions  of  said  counties,  which r 
without  being  read,  was  referred  to  the  Committee  on  l!vew  Coun- 
ties and  County  Lines, 

REPORTS  OF  COMMITTEES, 

Mr,  GARDNER,  from  the  Committee  on  Finance,  reported  back 
the  resolution  of  Mr.  Thompson,  of  Davidson,  in  relation  to  re- 
chartering  the  Bank  of  Tennessee,  and  asked  that  the  Committee 
be  discharged  from  its  further  consideration,  and  it  was  so  ordered 
by  the  Convention. 

REPORT  ON  LEGISLATIVE  DEPARTMENT  FURTHER  CONSIDERED. 

The  Convention  resumed  the  consideration  of  the  unfinished  bu- 


277 

:smess  of  yesterday,  the  pending  question  being  Mr.  FENTRESS' 
motion  to  reconsider  the  vote  adopting  Mr.  Ivie's  amendment  to 
'Section  28  of  the  Legislative  Report, 

Mr.  CYPERT  demanded  the  yeas  and  nays  on  the  motion  to  re- 
consider, which  were  ordered,  and  ,the  motion  to  reconsider  adopted. 

Yeas 39 

Nays 33 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Brown  of  David- 
son, Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  -Campbell, 
Oiowning,  Coffin,  Deavenport,  Dibbrell,  Doherty,  Fentresa,  Finley, 
^Gardner,  Gaut,  Gordon,  Heiskell,  House  of  Williamson,  House  of 
Montgomery,  etc.,  Kennedy,  Key,  McDougal,  Meeks,  Morris, 
Porter  of  Hay  wood,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Sh  el- 
ton,  Stephens,  Turner,  Williamson  and  Wright — 39. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Branson,  Britton,  Brooks,  Carter,  Cypert, 
Deaderick,  Dromgoole,  Fielder,  Fulkerson,  Garner,  Gibbs,  Gibson, 
Henderson,  Hill  of  Warren,  Hill  of  Gibson,  I  vie,  Jones  of  Lin- 
coln, Jones  of  Giles,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin, 
Netherland,  Nicholson,  Taylor,  Thompson  of  Davidson,  Thompson 
'of  Maury,  Walters  and  Warner — 33. 

Mr.  FENTRESS  offered  the  following  amendment  in  lieu  of  the 
•amendment  in  lieu  of  Mr.  Ivie : 

All  property,  real,  personal  and  mixed,  shall  be  taxed  except 
such  as  may  be  held  by  the  State  and  counties ;  Provided,  The  Le- 
gislature shall  have  power  to  exempt  such  property  as  may  be  held  by 
the  cities  or  towns  exclusively  for  corporation  purposes,  and  also  such 
property  as  may  be  held  or  used  for  purposes  purely  and  exclusive- 
y  religious,  charitable,  scientific,  literary  or  educational,  and  also 
household  and  kitchen  furniture  and  farming  implements  to  the 
value  of  five  hundred  dollars. 


Mr.  JOSTES,  of  Lincoln,  demanded  the  yeas  and  nays  on  the  adop- 
ion  of  the  amendment  in  lieu,  which  were  ordered,  and  the  amend- 
ment rejected. 

Yeas.... 22 

Nays , -  50 

Those  voting  in  the  affirmative  are : 

Messrs.  Blizard,  Britton,  Brooks,  Brown  of  Henry,  etc..  Burkcti, 
Burton,  Campbell,  Chowning,  Fentress,  Gardner,  Gaut,  Gordon, 
House  of  Williamson,  Key,  McDougal,  McNabb,  Porter  of  Hay- 


278 

wood,  Shepard,  Thompson  of  Davidson,  Thompson  of  Maury,  Tur- 
ner and  Williamson — 22. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Brandon,  Branson,  Brown 
of  Davidson,  Byrne,  Carter,  Coffin,  Cypert,  Deaderick,  Deavenport,, 
Dibbrell,  Doherty,  Dromgoole,  Fielder,  Finley,  Fulkerson,  Gar- 
ner, Gibbs,  Gibson,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of 
Gibson,  House  of  Montgomery,  etc.,  Ivie,  Jones  of  Lincoln,  Jones 
of  Giles,  Kennedy,  Kirkpatrick,  Kyle,  Mabry,  Martin,  Meeks, 
Morris,  Netherland,  Nicholson,  Parker,  Porter  of  Henry,  Sample, 
Seay,  Shelton,  Staley,  Stephens,  Taylor,  Walters,  Warner  and 
Wright— 50. 

Mr.  ALLEN  offered  the  following  in  lieu  of  Mr.  Ivie's : 
Resolved,  That  all  property,  personal,  real  or  mixed,  shall  be 
taxed,  except  that  the  Legislature  may  exempt  such  as  may  be  held 
by  the  State,  by  counties,  cities  or  towns,  and  used  for  public  or 
corporation  purposes,  or  such  as  may  be  held  for  purposes  pure- 
ly religious,  charitable,  scientific,  literary  or  educational,  and  except 
three  hundred  dollars'  worth  of  personal  property  in  the  hands  of 
each  tax-payer. 

Mr.  BLIZARD  moved  to  lay  the  amendment  of  Mr.  Allen  on  the 
table. 

Mr.  CYPERT  demanded  the  yeas  and  nays,  which  were  ordered , 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 61 

Nays -...11 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Bate,  Baxter,  Blizard,  Brandon,  Branson,  Brit- 
ton,  Brown  of  Davidson,  Brown  of  Henry,  etc  ,  Burton,  Byrne,  Car- 
ter, Chowning,  Coffin,  Cypert,  Deaderick,  Deavenport,  Dibbrell,  Do- 
herty, Dromgoole,  Fielder,  Finley,  Fulkerson,  Gardner,  Gaut, 
Gibbs,  Gibson,  Gordon,  Heiskell,  Hill  of  Warren,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Montgomery,  etc.,  Ivie,  Jones  of 
Lincoln,  Jones  of  Giles,  Kennedy,  Kirkpatrick,  Kyle,  Mabry,  Mc- 
Dougal,  McNabb,  Martin,  Meeks,  Morris,  Netherland,  Nicholson, 
Parker,  Sample,  Seay,  Shepard,  Shelton,  Staley,  Stephens,  Taylor. 
Thompson  of  Davidson,  Walters,  Warner,  Williamson  and  Wright 
—61. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Brooks,  Burkejtt,  Campbell,  Fentress,  Henderson, 
Key,  Porterof  Haywood,  Porter  of  Henry,  Thompson  of  Maury, 
and  Turner — 11. 


279 

Mr.  GIBSON  offered  the  following  in  lieu  of  Mr.  Ivie's  amend- 
ment : 

Section  28.  All  property,  real,  personal  or  mixed,  shall  be  tax- 
able except  eight  hundred  dollars7  worth  of  personal  property  in 
the  hands  of  each  tax-payer,  and  the  direct  product  of  the  soil  in 
(he  hands  of  the  producer,  but  the  Legislature  may  exempt  such 
property  as  may  be  held  by  the  State,  by  counties,  cities  or  towns, 
and  used  exclusively  for  public  or  corporation  purposes,  and  such 
as  may  be  held  and  used  lor  purposes  exclusively  religious,  charit- 
able or  educational. 

Mr.  HOUSE,  of  Montgomery,  etc.,  moved  to  lay  the  amendments 
«>f  Messrs.  Gibson  and  Ivie  on  the  table. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays,  which  were 
ordered,  and  the  motion  to  lay  on  the  table  sustained. 

Yeas « 39 

Nays 33 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Brown  of  David- 
sun,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Campbell,  Chowning, 
Coffin,  Deavenport,  Dibbrell,  Doherty,  Fen  tress,  Gardner,  Gaut, 
Gordon,  Heiskell,  House  of  Williamson,  House  of  Montgomery,  etc., 
Kennedy,  Key,  Kirkpatrick,  McDougal,  Meeks,  Morris,  Porter  of 
Hay  wood,  Porter  of  Henry,  Seay,  Shepard,  Shelion,  Staley, 
Stephens,  Turner,  Walters,  Williamson  and  Wright — 39. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Branson,  Britton,  Brooks,  Byrne,  Carter,  Cy- 
pert,  Deaderick,  Dromgoole,  Fielder,  Finley,  Fulkerson,  Garner, 
Gibbs,  Gibson,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie, 
Jones  of  Lincoln,  Jones  of  Giles,  Kyle,  Mabry,  McNabb,  Mar- 
tin, Netherland,  Nicholson,  Parker,  Sample,  Taylor,  Thompson  of 
Davidson,  Thompson  of  Maury,  and  Warner — 33. 

Mr.  KIRKPATRICK  moved  to  reconsider  the  vote  laying  the 
amendments  on  the  table. 

Mr.  KEY  moved  to  lay  the  motion  to  reconsider  on  the  table. 

Mr.  HOUSE,  of  Montgomery,  etc.,  demanded  the  yeas  and  nays, 
which  were  ordered,  and  the  motion  to  lay  on  the  table  sustained. 

Yeas 41 

Nays 30 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Brown  of  Da- 
vidson, Brown  of  Henry,  etc.,  Burkett,  Burton,  Campbell,  Chown- 


280 

ing,  Coffin,  Cypert,  Deavenport,  Dibbrell,  Doherty,  Fentress,  Fin- 
ley,  Gardner,  Gaut,  Gordon,  Heiskell,  House  of  Williamson,  House 
of  Montgomery,  etc.,  Kennedy,  Key,  McDougal,  Meeks,  Morris, 
Porter  of  Hay  wood,  Porter  of  Henry,  Seay,  Shepard,  Shelton, 
Staley,  Stephens,  Turner,  Walters,  Williamson  and  Wright — 41. 

Those  voting  in  the  negative  are  : 

Messrs,  Arledge,  Branson,  Britton,  Brooks,  Carter,  Deaderick, 
Dromgoole,  Fielder,  Fulkerson,  Garner,  Gibbs,  Gibson,  Henderson, 
Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Jones  of  Lincoln,  Jones  of 
Giles,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin,  Netherland, 
Nicholson,  Parker,  Sample,  Taylor,  Thompson  of  Davidson,  Thomp- 
son of  Maury,  and  Warner — 30. 

Mr.  DKOMGOOLE  offered  the  following  amendment  to  Section  28 : 

All  lands  held  by  deed,  grant  or  entry,  town  lots^  bank  stock, 
State  bonds  and  government  securities  of  any  kind,  arid  such  other 
property  as  the  Legislature  may,  from  time  to  time,  deem  expedient 
shall  be  taxable,  except  property  held  by  the  State,  by  counties, 
towns  or  cities,  and  used  exclusively  for  public  purposes,  and  all 
buildings  used  purely  for  religious,  charitable  or  educational  pur- 
poses, together  with*$500,  and  the  direct  produce  of  the  soil  in  the 
hands  of  the  producer,  which  shall  be  exempt  from  taxation. 

Mr.  KENNEDY  demanded  the  question. 

The  yeas  and  nays  were  ordered,  and  the  demand  sustained. 

Yeas A 40 

Nays 31 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Brooks,  Brown 
of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne, 
Campbell,  Chowning,  Deavenport,  Dibbrell,  Doheity,  Fulkerson, 
Gardner,  Gaut,  Gordon,  Heiskell,  House  of  Williamson,  House  of 
Montgomery,  etc,,  Kennedy,  Key,  McDougal,  McNabb,  Meeks, 
Morris,  Porter  of  Hay  wood,  Porter  of  Henry,  Sample,  Seay , 
Shepard,  Shelton,  Stephens,  Turner,  Walters,  Williamson  and 
Wright— 40. 

.Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Branson,  Britton,  Carter,  Coffin,  Cypert,  Dead- 
erick, Dromgoole,  Fentress,  Fielder,  Finley,  Garner,  Gibbs,  Gib- 
son, Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Jones  of 
Lincoln,  Jones  of  Giles,  Kirkpatrick,  Kyle,  Mabry,  Martin, 
Netherland,  Nicholson,  Parker,  Staley,  Taylor,  Thompson  of  David- 
son, Thompson  of  Maury  and  Warner — 31. 

The  question  recurring  upon  the  adoption  of  the  first  paragraph 


281 

of  Section   28,  as  amended,  Mr.  JONES,  of  Lincoln,  demanded  the 
yeas  and  nays,  which  were  ordered,  and  the  paragraph  adopted. 

Yeas .* 39 

Nays ..33 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Brooks,  Brown 
of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne, 
Campbell,  Chovvning,  Deavenport,  Dibbrell,  Doherty,  Gardner, 
Gaut,  Gordon,  Heiskell,  House  of  Williamson,  House  of  Davidson, 
etc.,  Kennedy,  Key,  McDougal,  McNabb,  Meeks,  Morris,  Porter  of 
Haywood,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Shelton, 
Stephens,  Turner,  Walters,  Williamson  and  Wright — 39, 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Branson,  Britton,  Carter,  Coffin,  Cypert,  Dead- 
erick,  Dromgoole,  Fentress,  Fielder,  Finley,  Eulkerson,  Garner, 
Gibbs,  Gibson,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  lyie, 
Jones  of  Giles,  Jones  of  Lincoln,  Kirkpatrick,  Kyle,  Mabry,  Martin, 
Netherland,  Nicholson,  Parker,  Staley,  Taylor,  Thompson  of  David- 
son, Thompson  of  Maury  and  Warner — 33. 

Mr.  GARDNER  moved  to  reconsider  the  vote  adopting  the  para- 
graph, and  further  moved  to  lay  the  motion  to  reconsider  on  the 
.table,  which  latter  motion  was  adopted. 

The  Convention  took  a  recess  until  2i  o'clock  P.  M. 


AFTERNOON  SESSION. 


Mr.  GARDNER  offered  the  following  amendment :  - 
Section  28,  Paragraph  2.  After  the  words  "  to  its  "  in  the  first 
line,  insert  the  words  "cash  market,"  and  after  the  words  "  so  that 
the  "  in  the  second  line,  insert  the  following,  "  manner  shall  be  uni- 
form, and  rate  of  valuation  ;"  and  in  the  second  line  strike  out  the 
words  "  and  uniform,"  so  as  to  make  the  paragraph  read  : 

All  property  shall  be  taxed  according  to  its  cash  market  value, 
that  value  to  be  ascertained  in  such  manner  as  the  Legislature  shall 


282 

direct,  so  that  the  manner  shall  be  uniform,  and  the  rate  of  valua- 
tion shall  be  equal  throughout  the  State.  No  one  species  of  prop- 
erty, from  which  a  tax  may  be  collected,  shall  be  taxed  higher  than 
any  other  species  of  property  of  the  same  value. 

Mr.  GARNER  demanded  the  previous  question,  which  was  sus- 
tained. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  on  the  adop- 
tion of  Mr.  Gardner's  amendment,  which  were  ordered,  and  the 
amendment  adopted. 

Yeas , 36 

Nays 33 

Those  voting  in  the  affirmative  are  : 

Messrs.  Bate,  Baxter,  Brandon,  Brown  of  Davidson,  Brown  of 
Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell,  Coffin,  Cypert, 
Deavenport,  Doherty,  Fen  tress,  Gardner,  Gaut,  Gordon,  Heiskell, 
House  of  Williamson,  House  of  Davidson,  etc.,  Ivie,  Kyle, 
McDougal,  Meeks,  Nicholson,  Porter  of  Hay  wood,  Porter  of  Henry, 
Seay,  Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of  Maury, 
Turner  and  Wright— 36. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Arl edge,  Branson,  Britton,  Brooks,  Carter,  Chown- 
ing,  Deaderick,  Dibbrell,  Dromgoole,  Fielder,  Finley,  Fulkerson, 
Garner,  Gibbs,  Gibson,  Henderson,,  Hill  of  Warren,  Hill  of  Gibson, 
Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Key,  Kirpatrick,  Mar- 
tin, Morris,  Netherland,  Parker,  Sample,  Thompson  of  Davidson, 
Walters,  Warner  and  Williamson — 33. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  on  the  adop- 
tion of  the  paragraph  as  amended,  which  were  ordered,  and  the 
paragraph  adopted. 

Yeas... 42 

Nays 28 

Those  voting  in  the  affirmative  are  : 

Messrs.  Bate,  Baxter,  Brandon,  Brooks,  Brown  of  Davidson, 
Brown  of  Henry,  etc.,  Burton,  Byrne,  Campbell,  Coffin,  Cypert, 
Deavenport,  Dibbrell,  Doherty,  Fentress,  Finley,  Gardner,  Gaut, 
Gordon,  Heiskell,  House  of  Williamson,  House  of  Montgomery, 
etc.,  Ivie,  Kennedy,  Key,  McDougal,  McNabb,  Meeks,  Nicholson  r 
Porter  of  Hay  wood,  Porter  of  Henry,  Seay,  Shepard,  Shelton, 
Staley,  Stephens,  Taylor,  Thompson  of  Maury,  Turner,  Walters, 
Williamson  and  Wright — 42. 

Those  voting  in  the  negative  are  : 

Messrs.    Arledge,    Blizard,   Branson,   Britton,    Burkett,  Carter, 


283 

(Downing,  Deaderick,  Dromgoole,  Fielder,  Fulkerson,  Garner, 
Gibbri,  Gibson,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Jones 
of  Lincoln,  Jones  of  Giles,  Kirkpatrick,  Kyle,  Martin,  Morris, 
Xetherland,  Parker,  Sample,  Thompson  of  Davidson  and  Warner — 
28. 

On  motion  of  Mr.  WILLIAMSON,  the  vote  adopting  the  paragraph 
was  reconsidered. 

Mr.  GARDNER,  stating  that  his  amendment  was.  not  in  lieu  of 
paragraph  2,  but  as  an  amendment  thereto,  it  was  ruled  out  of  order 
by  the  Chair,  as  it  proposed  more  than  one  amendment,  and  to  dif- 
ferent portions  of  the  section. 

Mr.  WILLIAMSON  offered  the  following  amendment: 

Strike  out  the  words  "the  same"  in  second  line,  Paragraph  2, 
Section  28,  and  insert  "  taxes." 

Mr.  BAXTER  proposed  the  following  amendment : 

Strike  out  of  the  6th  line  the  following  words,  "  so  that  the  same^ 
shall  be  equal  and  uniform  throughout  the  State,"  so  that  the  sen- 
tence will  read  as  follows : 

All  property  shall  be  taxed  according  to  its  value,  that  value  to 
be  ascertained  in  such  manner  as  the  Legislature  may  direct. 

Mr.  BAXTER  subsequently  withdrew  his  amendment. 

Mr.  WILLIAMSON'S  amendment  wa«i  then  adopted,  and  the  para- 
graph, as  thus  amended,  was  adopted  by  the  Convention. 

Mr.  JONES,  of  Lincoln,  offered  the  following  amendment  to  para- 
graph 3,  of  Section  28 : 

Strike  out  of  lines  ten  and  eleven  the  words,  "  five  hundred  dol- 
lars per  annum  to  be  graduated  as  the  Legislature  shall  direct,"  and 
insert,  "  which  shall  not  exceed  the  ad  valorem  tax." 

Mr.  STEPHENS  proposed  the  following  in  lieu  of  Mr.  Jones' 
amendment : 

After  the  words  "  per  annum  "  in  tenth  line,  insert,  "  and  which 
shall  in  no  case  exceed  the  ad  valorem  tax  assessed  upon  the  same 
person." 

Which  was  accepted  Mr.  JONES. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  upon  the 
adoption  of  the  amendment,  which  were  ordered,  and  the  amend- 
ment rejected. 

Yeas ....33 

Nnys 37 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,.  Arledge,  Bate.  Blizard,  Brooks,  Brown  of  David- 


284 

son,  Campbell,  Carter,  Chowning,  Coffin,  Dibbrell,  Boherty,  Finley, 
Garner,  Grant,  Gibbs,  Heiskell,  Ivie,  Jones  of  Lincoln,  Key,  Kyle, 
McNabb,  Meeks,  Morris,  Porter  of  Hay  wood,  Shepard,  Staley, 
Stephens,  Taylor,  Thompson  of  Davidson,  Thompson  of  Maury, 
Turner  and  Warner — 33. 

Those  voting  in  the  negative  are  : 

Messrs.  Baxter,  Brandon,  Branson,  Britton,  Brown  of  Henry,  etc., 
Burton,  Byrne,  Cypert,  Deaderick,  Deavenport,  Dromgoole,  Fen- 
tress,  Fielder,  Fulkerson,  Gardner,  Gibson,  Gordon,  Henderson, 
Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of 
Montgomery,  etc.,  Jones  of  Giles,  Kennedy,  Kirkpatrick,  McDougal, 
Martin,  Nether  land,  Nicholson,  Parker,  Porter  of  Henry,  Sample, 
Seay,  Shelton,  Walters,  Williamson  and  Wright — 37. 

Mr.  BRO\V:N,  of  Davidson,  offered  the  following  amendment  to 
paragraph  3 : 

Strike  out  the  word  "privileges,"  and  insert,  "such  occupations 
as  are  not  permanent  in  their  character,  or  one  special  in  their 
nature." 

Mr.  CARTER  offered  the  following  in  lieu  of  the  paragraph  (3) 
reported  by  the  Committee  : 

But  the  Legislature  shall  have  power  to  tax  merchants,  peddlers 
and  privileges,  in  such  manner  as  they  may  from  time  to  time 
direct. 

The  further  consideration  of  the  amendments  was  postponed  un- 
til to-morrow. 

On  motion  of  Mr.  THOMPSON,  of  Davidson,  the  Convention  ad- 
journed until  9J  o'clock  to-morrow  morning. 


FRIDAY  MORNING,  FEBRUARY  11,  1870, 

The  Convention  met  pursuant  to  adjournment,  Mr.   President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Dr.  KELLY. 

The  Journal  of  yesterday  was  read,  corrected  and  approved. 


285 

MEMORIALS   AND    PETITIONS, 

Mr.  MEEK^  presented  a  memorial  in  favor  of  the  formation  of  a 
new  county  out  of  portions  of  Hardin  and  McJNairy  counties, 
which,  without  being  read,  was  referred  to  the  Committee  on  New 
Counties  and  County  Lines. 

Mr.  MARTI x  presented  a  memorial  from  a  large  number  of  citi- 
zens of  Coffee,  Bedford,  Lincoln  and  Franklin  counties,  praying 
the  formation  of  a  new  county  out  of  portions  of  said  counties, 
which,  without  being  read,  was  referred  to  the  Committee  on  New 
Counties  and  County  Lines. 

RECOMMITTED. 

On  motion  of  Mr.  COFFIN  that  portion  of  the  report  of  the 
Majority  of  the  Committee  on  New  Counties,  which  refers  to  the 
formation  of  a  new  county  out  of  portions  of  Roane,  Blount  and 
Monroe,  and  all  papers  referring  thereto,  were  ordered  to  be  recom- 
mitted to  the  Committee. 

REPORT   OF   THE   COMMITTEE    ON   THE    JUDICIARY. 

Mr.  HELSKELL,  from  the  Committee  on  the  Judiciary,  made  the 
following  report,  which,  on  his  motion,  was  ordered  to  be  laid  on 
the  table,  and  100  copies  ordered  to  be  printed  for  the  use  of  the 

Convention : 

The  Judiciary  Committee  to  which  has  been  recommitted  the 
schedule  heretofore  reported,  with  the  amendments  made  in  the 
House,  have  reconsidered  these  matters  with  others  committed  to 
them  and  submit  the  following  report : 

They  have  redrawn  the  schedule  so  far  as  it  relates  to  the  matters 
submitted  and  submit  the  same  herewith. 

They  also  find  it  necessary  to  suggest  certain  changes  in  other 
portions  of  the  Constitution  connected  with  the  subject  referred. 

They  recommend  that  the  elections  of  Judges  and  other  civil 
officers  be  brought  on  at  the  same  time,  and  since  political  elections 
are,  by  our  action,  changed  from  the  1st  Thursday  in  August,  every 
two  yerr-,  and  that  has  been  found  by  experience  to  be  a  convenient 
and  suitable  time  for  elections,  they  suggest  that  this  day  be  appro- 
priated to  the  general  election  for  Judicial  and  civil  officers. 

They  also  suggest  certain  verbal  amendments. 

Section  1.  That  no  inconvenience  may  arise  from  a  change  of  the 
Constitution,  it  is  declared  that  the  Governor  of  the  State,  the  mem- 
bers of  the  General  Assembly  and  all  officers,  elected  at  or  after  the 


286 

general  election  of  March.,  1870,  shall  hold  their  offices  for  the 
terms  prescribed  in  this  Constitution, 

All  other  officers  shall  vacate  their  places,  thirty  days  after  the 
day  fixed  for  the  election  ol  their  successors  under  this  Constitution. 

The  Secretary  of  State,  Comptroller  and  Treasurer  shall  hold 
their  offices  until  the  first  session  of  the  present  General  Assembly 
occurring  after  the  ratification  of  this  Constitution  and  until  their 
successors  are  elected  and  qualified. 

The  officers  then  elected  shall  hold  their  offices  until  the  loth 
day  of  January,  1873. 

At  the  first  election  of -Judges  under  this  Constitution  there  shall 
be  elected  six  Judges  of  the  Supreme  Court,  two  from  each  grand 
division  of  the  State,  who  shall  hold  their  offices  for  the  term  herein 
prescribed. 

In  the  event  any  vacancy  shall  occur  in  the  office  of  either  of  said 
Judges  at  any  time  after  the  first  day  of  January,  1873,  it  shall  re- 
main unfilled  and  the  Court  shall  from  that  time  be  constituted  of 
five  Judges. 

While  the  Court  shall  consist  of  six  judges  they  may  sit  in  two 
sections  and  may  hear  and  determine  causes  in  each  at  the  same  time 
but  not  in  different  grand  divisions  at  the  same  time. 

When  so  sitting  the  concurrence  of  two  judges  shall  be  necessary 
to  a  decision. 

The  Attorney  General  and  Reporter  for  the  State  shall  be  appoint- 
ed after  the  election  and  qualification  of  the  Judges  of  the  Supreme 
Court  herein  provided  for. 

ARTICLE  VIL 

In  Section  3,  insert  after  the  word  "  Treasurers,"  "  and  a  Comp- 
troller of  the  Treasury/'  and  strike  out  "  his  or." 

In  Section  4,  strike  out  the  words  "  that  may  happen  by  death, 
resignation  or  removal." 

Strike  out  Section  5,  and  substitute :  Elections  for  Judicial  and 
other  civil  officers  shall  be  held  on  the  first  Thursday  in  August, 
1870,  and  forever  thereafter  on  the  first  Thursday  in  August  next 
preceding  the  expiration  of  their  respective  terms  of  service. 

The  term  of  each  officer  so  elected  shall  be  computed  from  the 
first  day  of  September  next  succeeding  his  election. 

The  term  of  office  of  the  Governor  and  of  other  executive 
officers  shall  be  computed  from  the  15th  of  January  next  after  the 
election  of  the  Governor. 

No  appointment  or  election  to  fill  a  vacancy  shall  be  made  for  a 
period  extending  beyond  the  unexpired  term. 

Every  officer  shall  hold  his  office  until  his  successor  is  elected  or 
appointed  and  qualified. 


287 

No  special  election  shall  be  held  to  fill  a  vacancy  in  the  office  of 
Judge  or  District  Attorney,  but  at  the  time  herein  fixed  for  the 
general  elections  of  civil  officers. 

REPORTED  BACK. 

Mr.  HEISKELL,  from  the  Judiciary  Committee  reported  back  tin- 
resolution  of  Mr.  McDougal  in  relation  to  the  election  of  Judges 
and  Attorneys  General,  and  asked  to  be  discharged  from  its  further 
consideraiion,  as  the  subject  of  it  was  embraced  m  the  report  here- 
tofore submitted,  and  the  committee  was  accordingly  discharged. 

LEAVE    OF    ABSENCE. 

On  motion  of  Mr.  PORTER,  of  Henry,  leave  of  absence  was 
granted  Mr.  Brown,  of  Henry,  etc.,  on  account  of  sickness. 

REPORT   OX    LEGISLATIVE  DEPARTMENT   FURTHER   CONSIDERED. 

The  Convention  resumed  the  consideration  of  the  unfinished 
business  of  yesterday,  the  pending  question  being  Mr.  Brown's  (of 
Davidson)  amendment. 

Mr.  BROWN,  of  Davidson,  withdrew  his  amendment  and  offered 
the  following  in  lieu  of  the  same : 

Provided,  that  the  business  of  farming,  mechanical  and  manufac- 
turing pursuits  and  the  learned  professions  shall  not  be  considered 
privileges  under  this  Constitution. 

Mr.  GORDON  demanded  the  yeas  and  nays  on  the  adoption  of 
the  amendment,  which  were  ordered,  and  the  amendment  rejected: 

Yeas 18 

Nays ." 45 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Blizard,  Brown  of  Davidson,  Burkett,  Chowning, 
Coffin,  Cypert,  Deavenport,  Doherty,  Gardner,  Henderson,  House 
of  Williamson,  Kirkpatrick,  Porter  of  Haywood,  Sample,  Taylor, 
Thompson  of  Davidson  and  Walters — 18. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Brandon,  Branson,  Britton, 
Brooks,  Byrne,  Campbell,  Carter,  Deaderick,  Dibbrell,  Dromgoole, 
Fentress,  Fielder,  Fulkerson,  Garner,  Gaut,  Gibbs,  Gibson,  Heiskell, 
Hill  of  Warren,  Hill  of  Gibson,  House  of  Montgomery,  etc.,  Ivie, 
Jones  of  Lincoln,  Kennedy,  Key,  Kyle,  McDougal,  McNabb,  Mar- 


28$ 

tin,  Meeks,  Morris,  Netherland,  Nicholson,  Parker,  Porter  of  Hen- 
ry, Seay,  Shepard,  Stephens,  Thompson  of  Maury,  Turner,  Warner 
Williamson  and  Wright — 45. 

The  Convention  took  a  recess  until  2J  o'clock  p.  M. 


AFTERNOON  SESSION. 


Mr.  HOUSE,  of  Williamson,  offered  the  following  amendment  to 
paragraph  3,  of  Section  28  :  "  After  the  word  "  specific  "  insert  the 
words  "  or  privileges,"  which  was  adopted  by  the  Convention. 

Mr.  SAMPLE  offered  the  following  amendment : 

That  capital  invested  in  the  buying  and  selling  of  merchandise, 
shall  be  estimated  and  taxed  according  to  the  capital  invested  during 
the  fiscal  year.  And  merchants  shall  pay  in  addition  to  an  ad  valo- 
rem tax  thereupon,  a  specific  tax  which  the  Legislature  shall  regjrf 
late  by  law. 

Mr.  JONES,  of  Lincoln,  moved  that  the  Convention  adjourn  until 
to-morrow  morning  9J  o'clock,  and  demanded  the  yeas  and  nays, 
which  were  ordered  and  the  motion  to  adjourn  rejected: 

Yeas 16 

Nays 47 

Those  voting  in  the  affirmative  are: 

Messrs.  Arledge,  Bate,  Brooks,  Dromgoole,  Fentress,  Finley, 
Jones  of  Lincoln,  Mabry,  Martin,  Meeks,  Morris,  Parker,  Sample, 
Staley,  Stephens  and  Thompson  of  Davidson — 16. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Branson,  Britton,  Brown 
of  Davidson,  Burton,  Byrne,  Campbell,  Carter,  Coffin,  Deaderick, 
Deavenport,  Dibbrell,  Doherty,  Fielder,  Fulkerson,  Gardner,  Gar- 
ner, Gaut,  Gibbs,  Gibson,  Heiskell,  Henderson,  Hill  of  Warren, 
Hill  of  Gibson,  House  of  Williamson,  House  of  Montgomery,  etc., 
Ivie,  Kennedy,  Key,  Kyle,  McNabb,  N'cholscn,  Porter  of  Haywood, 


289 

Porter  of  Henry,  Seay,  Shepard,  Shelton,  Taylor,  Thompson  of 
Matiry,  Turner,  Walters,  Warner,  Williamson,  Wright  and  Presi- 
dent Brown — 47. 

Mr.  PORTER,  of  Henry,  demanded  the  previous  question. 

Mr.  FENTRESS  called  for  the  yeas  and  nays,  which  were  ordered 
and  the  demand  for  the  previous  question  sustained  : 

Yeas 41 

Nays 26 

Those  voting  in  the  affirmative  are: 

Messrs.  Allen,  Arledge,  Baxter,  Blizard,  Brandon,  Branson,  Bur- 
kett,  Byrne,  Campbell,  Carter,  Coffin,  Cypert,  Deaderick,  Dibbrell, 
Doherty,  Dromgoole,  Fielder,  Fulkerson,  Gardner,  Garner,  Gaut, 
Gibbs,  Gibson,  Henderson,  House  of  Williamson,  House  of  Mont- 
gomery, etc.,  Ivie,  Kennedy,  Key,  Kirkpatrick,  Kyle,  Martin,  Mor- 
ris, Porter  of  Haywood,  Porter  of  Henry,  Shepard,  Shelton, 
Stephens,  Turner,  Walters,  Wright  and  President  Brown — 41. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Britton,  Brooks,  Brown  of  Davidson,  Burton, 
Deavenport,  Fentress,  Finley,  Heiskell,  Hill  of  Warren,  Hill  of 
Gibson,  Jones  of  Giles,  Mabry,  McNabb,  Meeks,  Netherland, 
Nicholson,  Parker,  Sample,  Seay,  Staley,  Taylor,  Thompson  of 
Davidson,  Thompson  of  Maury,  Warner  and  Williamson — 26. 

At  5  o'clock  P.  M.,  Mr.  MABRY  moved  that  the  Convention  ad- 
journ. 

Mr.  BAXTER  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  adjourn  rejected. 

Yeas 28 

Nays 40 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Bate,  Brandon,  Branson,  Brooks,  Burton,  Car- 
ter, Cypert,  Deavenport,  Dromgoole,  Fentress,  Finley,  Hill  of  Gib- 
sou,  Ivie,  Jones  of  Giles,  Mabry,  McNabb,  Martin,  Meeks,  Nether- 
land,  Nicholson,  Parker,  Sample,  Seay,  Staley,  Taylor,  Thompson 
of  Davidson,  and  Williamson — 28. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Britton,  Brown  of  Davidson, 
Burkett,  Byrne,  Campbell,  Coffin,  Deaderick,  Dibbrell,  Doherty, 
Fielder,  Fulkerson,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Heis- 
kell, Henderson,  Hill  of  Warren,  House  of  Williamson,  House  of 
Montgomery,  etc.,  Kennedy,  Key,  Kirkpatrick,  Kyle,  Morris,  Por- 
ter of  Haywood,  Porter  of  Henry,  Shepard,  Shelton,  Stephens, 
Thompson  of  Maury,  Turner,  Walters,  Warner,  Wright  and  Presi- 
dent Brown — 40. 
19 


290 

Mr.  MORRIS  demanded  the  yeas  and  nays  upon  the  adoption  of 
Mr.  Sample's  amendment,  which  were  ordered,  and  the  amendment 
rejected. 

Yeas -. 10 

Nays 55 

Those  voting  in  the  affirmative  are : 

Messrs.  Brandon,  Dromgoole,  Fulkerson,  Hill  of  Warren,  Hill  of 
Gibson,  Ivie,  Key,  Martin,  Netherland  and  Sample — 10. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Baxter,  Blizard,  Branson,  Britton,  Brooks, 
Brown  of  Davidson,  Burkett,  Burton,  Byrne,  Campbell,  Carter, 
Coffin,  Deaderick,  Deavenport,  Dibbrell,  Doherty,  Fentress,  Field- 
er, Finley,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Heiskell,  Hen- 
derson, House  of  Williamson,  House  of  Montgomery,  etc.,  Jones  of 
Giles,  Kennedy,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Meeks,  Mor- 
ris, Nicholson,  Parker,  Porter  of  Hay  wood,  Porter  of  Henry,  Shep- 
ard,  fc.  tephens,  Taylor,  Thompson  of  Davidson,  Thompson  of  Maury, 
Turner,  Walters,  Williamson,  Wright  and  President  Brown — 55. 

Mr.  JONES,  of  Giles,  moved  that  the  Convention  adjourn  until 
the  regular  hour  of  meeting  to-morrow  morning. 

Mr.  MORRIS  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  adjourn  sustained. 

Yeas 46 

Nays. 19 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Bate,  Baxter,  Brandon,  Branson,  Britton,  Brooks, 
Brown  of  Davidson,  Byrne,  Carter,  Cypert,  Deaderick,  Deavenport, 
Dibbrell,  Dromgoole,  Finley,  Gardner,  Gibbs,  Heiskell,  Henderson, 
Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of 
Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Key,  Kyle,  Mabry,  McNabb, 
Meeks,  Netherland,  Nicholson,  Parker,  Porter  of  Hay  wood,  Sample, 
Seay,  Shepard,  Staley,  Stephens,  Taylor,  Thompson  of  Davidson, 
Thompson  of  Maury,  Walters,  Warner  and  Williamson — 46. 

Those  voting  in  the  negative  are : 

Messrs.  Blizard,  Burkett,  Campbell,  Doherty,  Fentress,  Fielder, 
Fulkerson,  Garner,  Gaut,  Gibson,  Kennedy,  Kirkpatrick,  Martin, 
Morris,  Porter  of  Henry,  Turner,  Wright  and  President  Brown 
—19. 


291 


SATURDAY  MORNING   FEBRUARY  12,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

The  Journal  of  yesterday  was  read  and  approved. 

LEAVE  OF  ABSENCE. 

On  motion  of  Mr.  WALTERS,  leave  of  absence  was  granted  Mr. 
McDougal  on  account  of  sickness. 

REPORTS   OF   COMMITTEES. 

Mr.  GARDNER,  from  the  Committee  on  Finance,  Internal  Im- 
provements and  Corporations,  made  the  following  report : 

The  Committee  have  had  under  consideration  the  proposition  of 
the  delegate  from  Montgomery  (Mr.  Kennedy)  on  the  subject  of  the 
further  issue  of  State  bonds,  and  a  majority  of  said  Committee  have 
instructed  me  to  report  the  following  in  lieu  of  the  original  propo- 
sition, and  to  recommend  its  adoption  : 

"  No  bonds  of  the  State  shall  be  issued  to  any  railroad  company, 
which,  at  the  time  of  its  application  for  the  same,  shall  be  in  de- 
fault in  paying  the  interest  upon  State  bonds  previously  loaned  to 
it  •  or  that  shall  hereafter,  and  before  such  application,  sell,  or  ab- 
solutely dispose  of  any  State  bonds  loaned  to  it  for  less  than  par. 
All  of  which  is  respectfully  submitted. 

JOHN  A.  GARDNER, 

Chairman. 

MINORITY  REPORT. 

Mr.  SEAY,  from  the  minority  of  the  Committee  on  Finance,  etc., 
made  the  following  report  on  the  proposition  of  Mr.  Kennedy : 

"  The  undersigned  cannot  concur  with  the  report  of  the  majority 
of  the  Committee  on  said  proposition,  and  beg  leave  to  submit  the 
following  reasons ; 

1st.  Because  we  believe  the  subject  matter  of  said  proposition  to 
be  more  properly  matter  for  legislation,  and  should  be  left  to  be 
regulated  and  controlled  by  the  Legislature  and  not  embodied  in 


292 

the  organic  law  of  the  State.  We  believe  that  the  Legislature, 
coming  fresh  from  the  people  every  two  years,  will  be  enabled  to 
legislate  in  regard  to  such  matters  so  as  best  to  promote  the  interests 
of  the  Commonwealth  and  of  the  people,  and  in  a  republican  form 
of  government  can  be  safely  trusted  to  protect  the  interests  of  the 
State  and  citizens  in  such  matters. 

2nd.  Because  we  insist  that  said  proposition  not  only  trenches 
upon  what  is  more  properly  a  subject  for  the  Legislature  to  control, 
but  one  which  should  be  left  to  be  passed  upon  by  the  Judiciary, 
should  a  necessity  therefor  ever  arise,  and  can  be  safely  trusted  in 
their  hands. 

3rd.  We  believe  it  to  be  in  violation  of  the  spirit  of  the  Consti- 
tution of  the  United  States,  which  declares  that  "  no  State  shall  pass 
any  law  impairing  the  obligation  of  contracts." 
AIL  of  which  is  respectfully  submitted. 

GEO.  E.  SEAT, 
G.  G.  DIBBRELL, 
JOS.  A.  MABRY. 

On  motion  of  Mr.  POETEE,  of  Hay  wood,  it  was  ordered  that  the 
reports  be  laid  on  the  table,  and  100  copies  be  printed  for  the  use  of 
the  Convention. 


MEMOEIAL. 

Mr.  -KENNEDY  presented  a  memorial  from  the  County  Court  of 
Montgomery  County,  praying  for  a  provision  to  be  made  to  compel 
the  property-holders  of  the  fractions  of  said  county  which  have 
been  attached  t®  other  counties  to  pay  their  proportion  of  the  rail- 
road tax  ;  which,  without  being  read,  was  referred  to  the  Committee 
on  New  Counties  and  County  Lines. 

REPOET  ON  LEGISLATIVE  DEPAETMENT  FUETHEE  CONSIDEEED. 

The  Convention  resumed  the  consideration  of  the  unfinished  bus- 
iness of  yesterday. 

Mr.  GIBSON  demanded  the  yeas  and  nays  upon  the  adoption  of 
Mr.  Carter's  amendment  in  lieu  of  paragraph  3,  of  Section  28, 
which  were  ordered,  and  the  amendment  adopted. 

Yeas 41 

Nays 30 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Brandon,  Branson,  Britton,  Brooks,  Burton,  Car- 


293 

tor,  rChowning,  Cypert,  Deaderick,  Dromgoole,  Fentress,  Fielder, 
Finley,  Fulkorson,  Garner,  Gibson,  Gordon,  Henderson,  Hill  of 
A\rurren,  Hill  of  Gibson,  Ivie,  Jones  of  Lincoln,  Jones  of  Giles, 
Key,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin,  Meeks,  Morris, 
Netherland,  Nicholson,  Parker,  Sample,  Taylor,  Thompson  of 
Maury,  Walters  and  Warner — 41. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Baxter,  Blizard,  Brown  of  Davidson,  Brown  of 
Henry,  etc.,  Burkett,  Byrne,.  Campbell,  Coffin,  Deavenport,  Dib- 
brell,  Doherty,  Gardner,  Gaut,  Gibbs,  Heiskell,  House  of  William- 
son, House  of  Montgomery,  etc.,  Kennedy,  Porter  of  Haywood, 
Porter  of  Henry,  Seay,  Shepard,  Shelton,  Stephens,  Thompson  of 
Davidson,  Turner,  Williamson,  Wright  and  President  Brown — 30. 

Mr.  HEISKELL  demanded  the  yeas  and  nays  on  the  adoption  of 
paragraph  3,  Section  28,  as  thus  amended,  which  were  ordered,  and 
the  paragraph  adopted. 

Yeas 41 

Nays 30 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Brandon,  Branson,  Britton,  Brooks,  Bur- 
kett, Carter,  Chowning,  Cypert,  Deaderick,  Dromgoole,  Fentress, 
Fielder,  Finley,  Fulkerson,  Garner,  Gibson,  Gordon,  Henderson, 
Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Jones  of  Lincoln,  Jones  of 
Giles,  Key,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin,  Meeks, 
Morris,  Netherland,  Nicholson,  Parker,  Sample,  Staley,  Thompson 
of  Maury,  Walters  and  Warner — 41. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Blizard,  Brown  of  Davidson,  Brown  of  Henry,  etc., 
Burton,  Byrne,  Campbell,  Coffin,  Deavenport,  Dibbrell,  Doherty, 
Gardner,  Gaut,  Gibbs,  Heiskell,  House  of  Williamson,  House  of 
Montgomery,  etc.,  Kennedy,  Porter  of  Haywood,  Porter  of  Henry, 
Seay,  Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of  Davidson, 
Turner,  Williamson,  Wright  and  President  Brown — 30. 

Mr.  GARNER  moved  to  reqonsider  the  vote  adopting  the  para- 
graph, and  further  moved  to  lay  the  motion  to  reconsider  on  the 
table,  which  latter  motion  was  adopted. 

Mr.  JONES,  of  Lincoln,  moved  to  amend  by  striking  out  the 

fourth  paragraph. 

Mr.  KENNEDY  offered  the  following  in  lieu  of  paragraph  4  : 

"  The  Legislature  shall  have  power  to  levy  a  tax  upon  incomes 

derived  from  stocks  and  bonds  that  are  not  taxed  ad  valorem." 


294 

Mr.  BAXTER  demanded  the  previous  question,  which  was  sus- 
tained. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  on  his  mo- 
tion to  strike  out,  which  were  ordered,  and  the  motion  to  strike  out 
rejected. 

Yeas 14 

Nays 53 

Those  voting  in  the  affirmative  are  : 

Messrs.  Branson,  Coffin,  Dromgoole,  Finley,  Garner,  Gibson, 
Jones  of  Lincoln,  Kyle,  Nicholson,  Parker,  Sample,  Staley,  Thomp- 
son of  Maury  and  Williamson — 14. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Britton,  Brooks, 
Brown  oi  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Byrne,  Camp- 
bell, Carter,  Chowning,  Deaderick,  Deavenport,  Dibbrell,  Doherty, 
Fentress,  Fielder,  Fulkerson,  Gardner,  Gibbs,  Heiskell,  Henderson, 
Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of 
Montgomery,  etc.,  I  vie,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick, 
Mabry,  McNabb,  Martin,  Meeks,  Morris,  Netherland,  Porter  of 
Hay  wood,  Porter  of  Henry,  Seay,  Shepard,  Shelton,  Stephens,  Tay- 
lor, Thompson  of  Davidson,  Turner,  Walters,  Warner,  Wright  and 
President  Brown — 53. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  on  the 
adoption  of  Mr.  Kennedy's  amendment  in  lieu,  which  were  or- 
ordered,  and  the  amendment  in  lieu  adopted. 

Yeas 67 

Nays 2 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Branson,  Britton, 
Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Byrne, 
Campbell,  Carter,  Chowning,  Coffin,  Cypert,  Deaderick,  Deaven- 
port, Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Finley, 
Fulkerson,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Gordon,  Heis- 
kell, Henderson,  Hill  of  Wrarren,  Hill  of  Gibson,  House  oi  Wil- 
liamson, House  of  Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Kennedy, 
Key,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin,  Meeks,  Morris, 
Netherland,  Nicholson,  Parker,  Porter  of  Hay  wood,  Porter  of  Henry, 
Sample,  Seay,  Shepard,  Shelton,  Staley,  Stephens,  Taylor,  Thompson 
of  Davidson,  Thompson  of  Maury,  Turner,  Walters,  Warner  and 
President  Brown — 67. 

Those  voting  in  the  negative  are  : 

Messrs.  Jones  of  Lincoln  and  Williamson — 2. 


295 

Paragraph  4,  as  thus  amended,  was  adopted  by  the  Convention. 

Mr.  BAXTER  offered  the  following  amendment  to  paragraph  5  : 

Strike  out  the  15th  and  16th  lines,  and  insert  : 

"All  male  citizens  of  this  State  over  the  age  of  twenty-one  years, 
except  such  persons  as  may  be  exempted  by  law  on  account  of  age 
or  other  infirmity,  shall  be  liable  to  a  poll-tax  of  not  less  than  one, 
nor  more  than  two  dollars  per  annum." 

Mr.  GIBSON  offered  the  following  amendment  to  Mr.  Baxter's 
amendment : 

Add :  "  Provided,  The  Legislature  shall  have  no  power  to  levy 
a  poll-tax,  so  long  as  the  payment  of  such  tax  is  a  necessary  quali- 
fication for  voting." 

Which  was  ruled  out  of  order  by  the  Chair,  the  matter  having 
been  acted  on  and  decided  by  the  Convention. 

Mr.  TURNER  submitted  the  following  amendment  to  Mr.  Baxter's 
amendment : 

Insert  at  the  end  of  the  section  :  "  Nor  shall  any  county  or  cor- 
poration levy  a  poll-tax  exceeding  the  amount  levied  by  the  State. 

Mr.  BAXTER  demanded  the  yeas  and  nays  on  the  adoption  of 
Mr.  Turner's  amendment,  which  were  ordered,  and  the  amendment 
adopted. 

Yeas.... 46 

Nays 18 

Those  voting  in  the  affirmative  are : 

Messrs.  Blizard,  Brandon,  Branson,  Brooks,  Brown  of  Davidson, 
Burkett,  Byrne,  Campbell,  Carter,  Coffin,  Cypert,  Daavenport,  Do- 
herty,  Dromgoole,  Feutress,  Fielder,  Finley,  Gardner,  Garner, 
Gibson,  Gordon,  Heiskell,  Hill  of  Warren,  Hill  of  Gibson,  House 
of  Williamson,  House  of  Montgomery,  etc.,  Jones  of  Giles,  Ken- 
nedy, Key,  Mabry,  Martin,  Morris,  Parker,  Porter  of  Haywood, 
Porter  of  Henry,  Seay,  Shepard,  Shelton,  Staley,  Stephens,  Taylor, 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Williamson 
and  President  Brown — 46. 

Those  voting  in  the  negative  are : 

Messrs.  Baxter,  Britton,  Deaderick,  Fulkerson,  Gaut,  Gibbs, 
Henderson,  Ivie,  Jones  of  Lincoln,  Kyle,  McNabb,  Meeks,  Nichol- 
son, Sample,  Walters  and  Warner — 18. 

Mr.  BAXTER  offered  to  amend  his  amendment  by  striking  out 
"  one  dollar"  and  inserting  "fixty  cents,"  and  by  striking  out 
"  two  "  and  inserting  "  one  dollar." 


296 

Mr.  HEISKELL  demanded  the  yeas  and  nays  upon  the  adoption 
of  the  amendment,  which  were  ordered,  and  the  amendment  was 
adopted. 

Yeas 48 

Nays 19 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Branson,  Burton,  Byrne,  Carter, 
Chowning,  Coffin,  Cypert,  Deaderick,  Deavenport,  Dibbrell,  Do- 
herty,  Fentress,  Fielder,  Finley,  Fulkerrson,  Gaut,  Gibbs,  Gibson, 
Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson, 
I  vie,  Jones  of  Lincoln,  Kennedy,  Key,  Kirkpatrick,  Kyle,  McNabb, 
Martin,  Meeks,  Morris,  Netherland,  Nicholson,  Parker,  Porter  of 
Henry,  Sample,  Seay,  Staley,  Thompson  of  Maury,  Turner,. 
Walters,  Warner,  Williamson  and  President  Brown — 48. 

Those  voting  in  the  negative  are  : 

Messrs.  Bate,  Brandon,  Brooks,  Brown  of  Davidson,  Burkett, 
Campbell,  Dromgoole,  Gardner,  Garner,  Gordon,  Heiskell,  House 
of  Montgomery,  etc.,  Jones  of  Giles,  Porter  of  Hay  wood,  Shepard, 
Shelton,  Stephens,  Thompson  of  Davidson  and  Wright — 19. 

Mr.  GARNER  offered  the  following  in  lieu  of  Mr.  Baxter's  amend- 
ment : 

Strike  out  lines  15  and  16  Section  28,  and  insert  in  lieu  thereof^ 

A  tax  on  polls  shall  be  laid  in  such  manner,  and  of  such  an 
amount,  as  may  be  prescribed  by  law. 

Mr.  FULKERSON  moved  to  lay  the  amendment  on  the  table. 

Mr.  GARNER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 5$ 

Nays.. 10 

Those  voting  in  the  affirmative  are : 

Messrs,  Allen,  Baxter,  Blizard,  Branson,  Britton,  Brooks,  Brown 
of  Davidson,  Burkett,  Burton,  Byrne,  Campbell,  Carter,  Chowning, 
Coffin,  Deaderick,  Deavenport,  Dibbrell,  Doherty,  Dromgoole, 
Finley,  Fulkerson,  Gardner,  Gaut,  Gibbs,  Gibson,  Gordon,  Heis- 
kell, Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Wil- 
liamson, House  of  Davidson,  etc.,  Ivie,  Jones  of  Giles,  Kennedy, 
Key,  Kirkpatrick,  Kyle,  McNabb,  Netherland,  Nicholson,  Parker, 
Porter  of  Haywood,  Porter  of  Henry,  Sample,  Seay,  Shepard,. 
Shelton,  Staley,  Thompson  of  Maury,  Turner,  Walters,  Warner, 
Williamson  and  Wright-r-56. 

Those  voting  in  the  negative  are  : 

Messrs.  Cypert,  Fentress,  Fielder,  Garner,  Jones  of  Lincoln^ 
Martin,  Meeks^  Morris,  Stephens  and  Taylor-— 10, 


297 

Mr.  HOUSE,  of  Montgomery,  moved  to  lay  the  amendment  of 
Mr.  Baxter  on  the  table. 

Mr.  FiELDER^demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  rejected. 

Yeas 24 

Nays 41 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Brandon,  Brooks,  Brown  of  Davidson,  Burkett, 
Campbell,  Cypert,  Dibbrell,  Dromgoole,  Gardner,  Garner,  Gordon, 
Heiskell,  House  of  Montgomery,  etc.,  Jones  of  Giles,  Kennedy, 
Porter  of  Haywood,  Porter  of  Henry,  Seay,  Shepard,  Shelton, 
Stephens,  Thompson  of  Davidson,  Williamson  and  Wright — 24. 

Those  voting  in  the  negative  are : 

Messrs.  Baxter,  Blizard,  Branson,  Britton,  Burton,  Byrne,  Carter, 
Coffin,  Deaderick,  Deavenport,  Doherty,  Fentress,  Fielder,  Finley, 
Fulkerson,  Gaut,  Gibbs,  Gibson,  Henderson,  Hill  of  Warren,  Hill 
of  Gibson,  House  of  Williamson,  I  vie,  Jones  of  Lincoln,  Key, 
Kyle,  Mabry,  McNabb,  Martin,  Meeks,  Morris,  Netherland, 
Nicholson,  Parker,  Sample,  Staley,  Taylor,  Thompson  of  Maury, 
Turner,  Walters  and  Warner — 41. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  on  Mr.  Bax- 
ter's amendment,  which  were  ordered,  and  the  amendment  adopted. 

Yeas 56 

Nays 11 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Branson,  Britton, 
Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Bur- 
ton, Byrne,  Campbell,  Chowning,  Coffin,  Cypert,  Deaderick,  Dea- 
venport, Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Finley, 
Fulkerson,  Garner,  Gaut,  Gibbs,  Gibson,  Gordon,  Henderson,  Hill 
of  Warren,  Hill  of  Gibson,  House  of  Williamson,  Ivie,  Jones  of 
Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle,  McNabb,  Martin,  Meeks, 
Netherland,  Nicholson,  Parker,  Porter  of  Haywood,  Porter  of 
Henry,  Sample,  Seay,  Thompson  of  Davidson,  Thompson  of  Maury, 
Turner,  Walters,  Warner,  Williamson  and  President  Brown — 56. 

Those  voting  in  the  negative  are : 

Messrs.  Carter,  Gardner,  Heiskell,  House  of  Davidson,  etc., 
Jones  of  Lincoln,  Morris,  Shepard,  Shelton,  Stephens,  Taylor, 
and  Wright— 11. 

Mr.  STEPHENS  moved  that  when  the  Convention  adjourn  to-day, 
it  adjourn  until  Monday  morning  at  10  o'clock. 


298 

Mr.  FIELDER  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  adjourn  over  rejected  : 

Yeas ,29 

Nays 40 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Bate,  Blizard,  Brooks,  Barton,  Campbell,  Carter, 
Chowning,  Coffin,  Doherty,  Dromgoole,  Gibbs,  Gordon,  House  of 
Williamson,  House  of  Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Ken- 
nedy, Martin,  Netherland,  Parker,  Porter  of  Hay  wood,  Porter  of 
Henry,  Shelton,  Stephens,  Thompson  of  Davidson,  Williamson, 
Wright  and  President  Brown— 29. 

Those  voting  in  the  negative  are  : 

Messrs.  Baxter,  Brandon,  Branson,  Britton,  Brown  of  t)avidson, 
Burkett,  Byrne,  Cypert,  Deaderick,  Deavenport,  Dibbrell,  Fentress, 
Fielder,  Finley,  Fulkerson,  Gardner,  Garner,  Gaut,  Gibson,  Heis- 
kell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Jones  of  Lincoln, 
Key,  Kirkpatrick,  Kyle,  McNabb,  Meeks,  Morris,  Nicholson, 
Sample,  Seay,  Shepard.  Staley,  Taylor,  Thompson  of  Maury,  Tur- 
ner, Walters  and  Warner. — 40. 

The  hour  of  recess  having  arrived  the  Convention  took  a  recess 
until  2J  o'clock  P.  M. 


AFTERNOON  SESSION. 

On  motion  of  Mr.  HILL,  of  Gibson,  the  roll  was  called  and  the 
following  named  delegates  answered  to  their  names,  viz : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Britton,  Brooks, 
Brown  of  Davidson,  Burkett,  Byrne,  Campbell,  Carter,  Chowuing, 
Coffin,  Deaderick,  Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Fen- 
tress,  Fielder,  Fulkerson,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson, 
Gordon,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson, 
Jones  of  Giles,  Key,  McNabb,  Martin,  Meeks,  Morris,  Nicholson, 
Netherland,  Parker,  Porter  of  Henry,  Seay,  Shepard,  Shelton, 
Staley,  Taylor,  Walters  and  Warner— 49. 

It  being  announced  that  there  was  not  a  quorum  present. 

Mr.  BATE  moved  to  adjourn,  whereupon  a  vote  was  taken  and  it 
appeared  that  there  was  not  a  quorum  present. 


299 

Immediately  after  the  announcement  of  the  vote,  a  sufficient 
number  of  delegates  appeared  in  the  Hall  to  constitute  a  quorum 
and  the  motion  to  adjourn  was  withdrawn. 

LEGISLATIVE   DEPARTMENT   FURTHER    CONSIDERED. 

Mr.  GAUT  offered  the  following  resolution  as  an  amendment  to 
Section  32  of  the  report  of  the  Committee  on  the  Legislative  De- 
partment : 

Resolved,  That  the  General  Assembly  may,  by  general  law,  au- 
thorize the  inhabitants  of  cities,  towns  and  civil  districts  within  the 
State,  by  a  vote  of  the  majority  of  all  the  qualified  voters  of  such 
cities,  towns  and  civil  districts  as  the  General  Assembly  may  pre- 
scribe, to  prohibit  the  sale  of  intoxicating  liquors  within  their  re- 
spective limits. 

Mr.  COFFIN  moved  to  amend  the  resolution  by  inserting,  in- 
stead of  "a  majority  of  all  the  qualified  voters" — "by  a  vote  of  two- 
thirds  of  all  the  qualified  voters,  etc." 

Mr.  GIBBS  moved  to  lay  the  amendment  of  Mr.  Gaut  and  all  the 
amendments  thereto  on  the  table  and  called  for  the  yeas  and  nays, 
which  resulted  as  follows  : 

Yeas 21 

Nays 33 

Those  voting  in  the  affirmative  are  : 

Messrs.  Brandon,  Brown  of  Davidson,  Deavenport,  Dromgoole, 
Fulkerson,  Gardner,  Garner,  Gibbs,  Gibson,  Gordon,  Hill  of  War- 
ren, Hill  of  Gibson,  Key,  Morris,  Porter  of  Henry,  Seay,  Shelton, 
Thompson  of  Davidson,  Williamson  and  Wright — 19. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Branson,  Brooks,  Burkett, 
Byrne,  Campbell,  Carter,  Chowning,  Coffin,  Deaderick,  Dibbrell, 
Doherty,  Fentress,  Fielder,  Gaut,  Heiskell,  Henderson,  Jones 
of  Giles,  Kyle,  McNabb,  Martin,  Meeks,  Nicholson,  Porter  of 
Hay  wood,  Sample,  Shepard,  Walters  and  President  Brown — 33. 

Mr.  GIBBS  offered  the  following    amendment  to  Mr.  Gaut's :  add 
after  "  liquors  "  "  or  tobacco,"  which  was  subsequently  withdrawn. 
Mr.  GAUT'S  amendment  was  then  rejected  by  a  tie  vote  : 

Yeas 29 

Nays 29 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Britton,   Brooks,  Burkett, 


300 

Byrne,  Carter,  Chowning,  Coffin,  Deaderick,  Dibbrell,  Doherty, 
Fentress,  Gaut,  Heiskell,  Henderson,  Jones  of  Giles,  Kirkpatrick, 
Kyle,  Mabry,  Meeks,  Netherland,  Nicholson,  Porter  of  Hay  wood, 
Sample,  Shepard  and  Walters — 29. 

Those  voting  in  the  negative  are  : 

Messrs.  Brandon,  Branson,  Brown  of  Davidson,  Campbell,  Dea- 
venport,  Dromgoole,  Fielder,  Finley,  Fulkerson,  Garner,  Gardner, 
Gibbs,  Gibson,  Gordon,  Hill  of  Warren,  Hill  of  Gibson,  Key, 
Martin,  Morris,  Porter  of  Henry,  Seay,  Shelton,  Staley,  Thompson 
of  Maury,  Warner,  Williamson  and  Wright — 29. 

Mr.  GIBSON  offered  the  following  as  an  independent  section : 
"  No  law  of  a  general  nature  shall  take  effect  until  the  60th  clay 
after  its  passage,  unless  the  preamble  to  such  law  recite  that  the  pub- 
lic welfare  requires  that  the  law  take  effect  sooner." 

Mr.  BAXTER  moved  to  lay  the  amendment  of  Mr.  Gibson  on  the 
table,  which  was  adopted,  but  the  amendment  was  subsequently 
taken  from  the  table  and  referred  to  the  Committee  on  the  Legisla- 
tive Department. 

Mr.  DROMGOOLE  offered  the  following  resolution  which  was  read 
and  ordered  to  be  laid  upon  the  table  until  Tuesday  : 

"  All  the  revenues  of  this  State  after  defraying  the  current  ex- 
penses of  the  Government  shall  be  applied  to  the  payment  of  the 
just  debts  of  the  State,  and  no  other  application  of  its  revenues 
shall  be  made  until  the  debts  of  the  State  are  paid." 

PROTEST. 

Mr.  HEISKELL  offered  the  following  protest,  which  was  read  and 
ordered  to  be  spread  upon  the  Journal : 

The  undersigned  have  voted  against  the  proposition  to  except 
merchants  from  the  protection  of  the  Constitution,  and  from  the 
rate  of  equal  taxation  guaranteed  to  other  classes  of  the  community, 
ask  leave  to  enter  a  protest  against  what  they  regard  as  a  declara- 
tion that  the  merchant  is  not  entitled  to  the  rights  of  a  citizen. 

We  think  that  the  principles  of  constitutional  government  re- 
quire that  every  class  of  men  shall  be  entitled  to  the  same  protec- 
tion against  oppression  and  against  unequal  burthens  which  are 
guaranteed  to  other  classes.  The  provision  inserted  by  the  Con- 
vention, borrowed  from  the  Constitution  of  1834,  declares  that  all 
men  shall  be  taxed  equally  except  merchants  and  peddlers.  Why 
they  should  be  singled  out  and  subjected  to  a  rule  of  taxation  ab- 
solutely prohibited  as  to  any  other  citizen,  the  subscribers  cannot 
well  perceive.  They  can  see  no  good  reason  why  merchants  should 


301 

not  on  the  same  principle  be  excluded  from  the  protection  of  the 
Constitution  as  to  trial  by  jury,  or  habeas  corpus,  or  the  clauses 
which  give  every  man,  for  an  injury  done  him  in  "  his  lands,  goods, 
person  or  reputation,"  a  remedy  by  due  course  of  law. 

It  seems  to  us  that  such  a  proposition  is  no  worse  than  this  power 
expressly  conferred  on  the  Legislature  to  impose  upon  a  small  class 
of  citizens  all  the  burthens  of  the  State. 

It,  for  the  period  which  has  elapsed  since  the  Constitution  of 
1834,  this  power  had  remained  without  exercise,  or  if  the  power 
had  been  exercised  with  any  regard  to  principles  of  justice  we 
might  be  less  reluctant  to  submit  to  the  violation  of  the  principles 
of  free  and  just  government  contained  in  this  objectionable  clause 
of  the  organic  law. 

But  we  know  not  only  that  existing  power  is  contrary  to  just 
principles,  but  that  it  has  been  continually  exercised  to  discriminate 
grievously  against  a  portion  of  our  citizens,  to  overrate  them  with 
burthens  from  which  others  are  protected,  by  taxation  amounting 
to  from  ten  times  to  one  hundred  times  the  amount  imposed  on 
other  citizens  on  the  use  of  the  same  amount  of  property  or  capital. 
We  have  on  this  floor  one  member  who,  as  a  merchant,  operating 
on  a  small  capital,  actually  paid  a  tax  of  twenty-five  cents  on  every 
dollar  of  his  capital  for  the  privilege  of  using  it  one  year  as  a  mer- 
chant. One-fourth  of  the  whole  of  his  capital  taken  in  one  year 
for  taxes,  while  every  other  citizen,  not  of  his  class,  paid  at  the 
same  time  twenty-five  cents  on  every  one  hundred  dollars  of  his 
capital,  a  tax  actually  one  hundred  times  as  much  on  this  individual 
as  upon  his  neighbors. 

A  departure  from  principles  so  odious,  with  known  consequences 
so  abhorrent  to  our  sense  of  justice,  and  so  calculated  to  depress  the 
interests  of  trade  and  commerce,  we  cannot  allow  to  pass  without 
putting  on  record  our  solemn  protest  against  it. 

We  respectfully  submit  this  protest,  and  ask  that  it  may  be 
spread  on  the  Journal. 

W.  H.  STEPHENS, 
NEIL  S.  BROWN, 
ALEX.  W.  CAMPBELL, 
S.  G.  SHEPARD, 
W.  M.  WRIGHT, 
J.  C.  THOMPSON, 
H.  R.  BATE, 
GEORGE  C.  PORTER, 
T.  M.  BURKETT, 
W.  BYRNE, 
G.  G.  DIBBRELL, 
J.  B.  HEISKELL, 
E.  H.  SHELTON. 
Mr.  BAXTER  offered  the  following  resolution  as  an  amendment 


301 

in  lieu  of  third  amendment  reported  by  the  Committee  on  Finance, 
which  was  ordered  to  be  laid  over  until  Tuesday : 

"  Strike  out  the  third  amendment  reported  by  the  Committee  on 
Finance,  Internal  Improvement  and  Corporations  and  insert : 

"  The  rate  of  interest  shall  be  fixed  by  law,  and  shall  be  uniform 
throughout  the  State,  but  the  Legislature  shall  have  power  to  pro- 
vide by  law  for  a  conventional  rate  of  interest." 

REPORT  ON  CORPORATIONS  CONSIDERED. 

The  Convention  took  up  the  report  of  the  Committee  on  Corpo- 
rations. 

Mr.  BAXTER  offered  the  following  amendment : 

Insert  after  the  word  "  no "  in  the  first  line  the  word  "  private." 

Mr.  BAXTER  demanded  the  yeas  and  nays  upon  the  adoption  of 
his  amendment,  which  were  ordered,  and  the  amendment  rejected. 

Yeas 12 

Nays 44 

Those  voting  in  the  afnative  are  : 

Messrs.  Bate,  Baxter,  Chowning,  Campbell,  Fielder,  Finley, 
Jones  of  Giles,  Netherland,  Thompson  of  Davidson,  Warner,  Wil- 
liamson and  President  Brown — 12. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Blizard,  Branson,  Britton,  Brooks,  Brown  of  Da- 
vidson, Burkett,  Byrne,  Carter,  Coffin,  Cypert,  Deaderick,  Deaven- 
port,  Dibbrell,  Doherty,  Fentress,  Fulkerson,  Gardner,  Garner, 
Gibson,  Gordon,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of 
Gibson,  Key,  Kyle,  McNabb,  Martin,  Morris,  Nicholson,  Parker, 
Porter  of  Hay  wood,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Shel- 
ton,  Staley,  Taylor,  Thompson  of  Maury,  Walters  and  Wright 
—44. 

Mr.  NICHOLSON  proposed  to  amend  by  adding  at  the  end  of  the 
paragraph  the  following : 

"  But  no  such  alteration  or  repeal  shall  interfere  with  o,r  divest 
rights  which  have  become  vested." 

On  motion  of  Mr.  BAXTER,  the  further  consideration  of  the  sub- 
ject was  postponed  until  Tuesday. 

On  motion  of  Mr.  BAXTER,  the  Convention  adjourned  until 
Monday  morning  at  10  o'clock. 


303 


MONDAY  MORNING,  FEBRUARY  14,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Dr.  YOUNG. 

The  Journal  of  Saturday  was  read  and  approved. 

REPORT  ON  CORPORATIONS  FURTHER  CONSIDERED. 

Mr.  JONES,  of  Lincoln,  offered  the  following  amendment  to  the 
report  of  the  Committee  on  Incorporations,  which  was  read  and  100 
copies  ordered  to  be  printed : 

Add  at  the  end  of  the  Section  on  Corporations : 

"  Every  stockholder  in  an  incorporated  Stock  Company  shall  re- 
fund to  the  Company  or  its  creditors,  all  dividends  received  by  them 
respectively,  in  case  it  shall,  at  any  time,  be  necessary  to  pay  the 
liability  of  the  Company." 

THE  FIFTEENTH  AMENDMENT  TO  THE  FEDERAL  CONSTITUTION. 

Mr.  GIBSON  offered  the  following  preamble  and  resolution,  which, 
under  the  rule,  lies  over  one  day. 

WHEREAS,  It  is  now  settled  in  political  science  that  suffrage  is 
a  right  and  not  a  privilege ;  and 

WHEREAS,  Three-fourths  of  the  States  have  ratified,  or  soon  will 
ratify,  the  proposed  amendment  to  the  Constitution  of  the  United 
States,  known  as  Article  XV ;  and 

WHEREAS,  Upon  such  ratification  universal  suffrage  will  be  the 
supreme  law  of  the  land,  whether  Tennessee  participates  in  such 
ratification  or  not ;  and 

WHEREAS,  It  is  believed  that  such  ratification  by  Tennessee  will 
not  only  be  in  fulfillment  of  the  political  pledges  of  the  last  can- 
vass for  Governor  and  members  of  the  Legislature,  but  will  also 
accelerate  the  removal  of  disabilities  now  resting  on  many  Ten- 
nesseeans  by  virtue  of  the  XIV  amendment  to  the  United  States 
Constitution ;  therefore, 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the  Legis- 
lature of  the  State  of  Tennessee  should,  without  delay,  ratify  said 
proposed  amendment  to  the  Constitution  of  the  United  States 
known  as  Article  XV. 


304 


MANAGEMEN-T   OF   STATE   FINANCES. 

Mr.  CARTER  offered  the  following  resolution,  which,  under  the 
rule,  was  ordered  to  lie  over  : 

Resolved,  That  a  committee  of  five  members  be  appointed  to  in- 
vestigate and  make  report  upon  the  management  of  the  finances  of 
the  State,  with  power  to  send  for  persons  and  papers,  and  to  exr 
amine  parties  and  witnesses  on  oath. 


EXPENSES  OF  THE  CONVENTION, 

Mr.  WILLIAMSON  offered  the  following  resolution,  which,  under 
a  suspension  of  the  rules,  was  adopted : 

Resolved,  That  a  committee  of  three  be  appointed  by  the  Presi- 
dent to  inquire  into  and  audit  the  expenses  of  this  Convention,  and 
report  the  same  at  as  early  a  day  as  practicable. 

Whereupon  the  President  appointed  Messrs.  WILLIAMSON,  POR- 
TER of  Hay  wood,  and  BURKETT,  to  constitute  said  Committee. 

REPORT   OF   COMMON   SCHOOLS   CONSIDERED. 

Mr.  JONES,  of  Lincoln,  moved  to  strike  out  in  line  six  of  the 
Report  of  Committee  on  Common  Schools  the  word  "  educational " 
and  insert  "free  or  common  schools"  which  was  adopted. 

Mr.  NICHOLSON  moved  to  insert  in  line  three  after  "  assessed/' 
he  words  "  by  the  State/7  which  was  adopted. 

Mr.  GORDON  proposed  to  amend  the  report  of  the  Committee  by 
filling  the  blanks  with  five  and  sixteen  years,  which  was  rejected. 

Mr.  GIBSON  moved  to  insert  six  instead  of  five,  and  eighteen  in- 
stead of  sixteen,  which  was  adopted. 

Mr.  HEISKELL  moved  to  insert  7  instead  of  6>  and  19  instead  of 
18,  which  was  rejected  : 

Yeas 29 

Nays 36 

Those  voting  in  the  affirmative  are : 

Messrs.  Baxter,  Blackburn,  Blizard,  Brandon,  Branson,  Britton, 
Brown  of  Davidson,  Burkett,  Byrne,  Chowning,  Cypert,  Deaven- 
port,  Finley,  Fulkerson,  Gibson,  Gordon,  Henderson,  Key,  Kirk- 


305 

patrick,  Kyle,  McNabb,  Mceks,  Nicholson,  Parker  Sample, Staler, 
Thompson  of  Davidson,  Thompson  of  Maury  and  Walters — 2!). 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Bate,  Brooks,  Campbell,  Carter,  Coffin,  Dibbrell, 
Doherty,  Fentress,  Fielder,  Gardner,  Garner,  Gaut,  Gibbs,  Heis- 
kell,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson,  House 
of  Montgomery,  etc.,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy, 
Mabry,  Martin,  Morris,  Netherland,  Porter  of  Hay  wood,  Porter  of 
Henry,  Seay,  Shepard,  Shelton,  Stephens,  Taylor,  Warner,  Wil- 
liamson and  Wright — 36. 

Mr.  WILLIAMSON  moved  to  insert  "  twenty  "  instead  of  "  nine- 
teen," which  was  rejected. 

Mr.  PORTER,  of  Haywood,  moved  to  lay  the  report  of  the  Com- 
mittee on  the  table. 

Mr.  BAXTER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  rejected. 

Yeas 21 

Nays 44 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Campbell,  Coffin,  Dibbrell,  Fen- 
tress,  Fielder,  Garner,  Gaut,  Gibbs,  Heiskell,  Hill  of  Warren, 
House  of  Montgomery,  etc.,  Jones  of  Lincoln,  Jones  of  Giles,  Ken- 
nedy, Mabry,  Porter  of  Haywood,  Shepard  and  Shelton — 21. 

Those  voting  in  the  negative  are  : 

Messrs.  Baxter,  Blackburn,  Blizard,  Branson,  Brandon,  Britton, 
Brooks,  Brown  of  Davidson,  Burkett,  Byrne,  Carter,  Chowninu. 
Cypert,  Deaderick,  Deavenport,  Doherty,  Finley,  Fulkerson,  Gard- 
ner, Gibson,  Gordon,  Henderson,  Hill  of  Gibson,  House  of  Wil- 
liamson, Key,  Kirkpatrick,  Kyle,  Martin,  Morris,  Meeks,  Nether- 
land,  Nicholson,  Parker,  Porter  of  Henry,  Sample,  Seay,  Staley, 
Taylor,  Thompson  of  Davidson,  Walters,  Warner,  Williamson, 
Wright  and  President  Brown — 44. 

Mr.  PORTER,  of  Haywood,  oifered  the  following  amendment  to 
the  report  of  the  Committee: 

"  The  General  Assembly  may,  by  general  law,  provide  for  the  es- 
tablishment and  maintenance  of  free  schools  for  the  gratuitous  in- 
struction of  all  the  children  of  this  State  between  the  ages  of 

and  -  -  years,  and  shall  have  power  to  provide  such  ways  and 
means  for  the  maintenance  and  support  of  such  schools  as  may  IM- 
deemed  expedient." 

Mr.  KIRKPATRICK  moved  to  lay  the  amendment  on  the  table 
20 


306 

Mr.  GARNER  demanded  the  yeas  and  nays,  which  resulted  as  fol- 
lows : 

Yeas  .......................................................................  43 

Nays  .......................................................................  19 

Those  voting  in  the  affirmative  are  : 

Messrs.  Baxter,  Blackburn,  Blizard,  Brandon,  Branson,  Britton, 
Brooks,  Brown  of  Davidson,  Burkett,  Byrne,  Chowning,  Cypert, 
Deaderick,  Deavenport,  Doherty,  Finley,  Gardner,  Gaut,  Gibbs, 
Gibson,  Gordon,  Henderson,  Hill  of  Gibson,  House  of  Williamson, 
Jones  of  Lincoln,  Key,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Mar- 
tin, Meeks,  Morris,  Netherland,  Nicholson,  Sample,  Shepard, 
Staley,  Taylor,  Thompson  of  Davidson,  Walters,  Warner  and 


Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Campbell,  Carter,  Dibbrell,  Fen- 
tress,  Fielder,  Fulkerson,  Garner,  Heiskell,  Hill  of  Warren,  Jones 
of  Giles,  Kennedy,  Porter  of  Haywood,  Porter  of  Henry,  Seay, 
Shelton  and  Williamson  —  19. 

INTOXICATING    LIQUORS. 

Mr.  FIELDER  moved  to  reconsider  the  vote  by  which  Mr.  Gaut's 
proposition  in  relation  to  the  sale  of  intoxicating  liquors  was  re- 
jected. 

Mr.  JONES  moved  to  lay  the  motion  to  reconsider  on  the  table. 

Mr.  BURKETT  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  rejected. 

Yeas  ........................................................................  27 

Nays  .....................................................  ................  34 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Baxter,  Blackburn,  Brandon,  Brown  of  David- 
son, Campbell,  Chowning,  Cypert,  Deavenport,  Finley,  Garner, 
Gibbs,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Key,  Martin, 
Morris,  Meeks,  Nicholson,  Porter  of  Henry,  Seay,  Taylor,  Thomp- 
son of  Davidson,  Warner,  Williamson  and  Wright  —  27. 

Those  voting  in  the  negative  are  : 

Messrs.  Bate,  Blizard,  Branson,  Britton,  Brooks,  Burkett,  Byrne, 
Cartor,  Coffin,  Deaderick,  Dibbrell,  Doherty,  Fentress,  Fielder, 
Gardner,  G,aut,  Gibson,  Gordon,  Heiskell,  House  of  Williamson, 
House  of  Davidson,  etc.,  Jones  of  Giles,  Kirkpatrick,  Kyle, 


307  > 

Mabry,  McNabb,  Nethej'land,  Parker,  Porter  of  Haywood,  Sample, 
^hepard,  Staley  and  Walters — 34. 

The  further  consideration  of  the  motion  to  reconsider  was  post- 
poned to  Wednesday  next. 

COMMON   SCHOOLS    FURTHER   CONSIDERED. 

The  Convention  proceeded  to  the  consideration  of  the  unfinished 
business  of  Saturday,  the  report  of  the  Special  Committee  on  Com- 
mon Schools. 

Mr.  TAYLOR  offered  the  following  amendment : 

Add  to  the  end  of  paragraph  after  the  word  "  purposes  "  the  fol- 
lowing : 

"  Provided,  The  Legislature  shall  have  power  to  establish  such  a 
system  throughout  the  State,  so  as  to  prevent  the  instruction  of 
white  children  and  negro  children  at  the  same  institution  or  free 
school. 

Mr.  HEISKELL  offered  the  following  amendment : 

Strike  out  in  first  line  of  report  of  Committee  :  "  It  shall  be  the 
duty  of  the  General  Assembly,"  and  insert  "  the  General  Assembly 
may." 

Mr.  FENTRESS  offered  the  following  in  lieu  of  the  report  of  the 
Committee : 

The  General  Assembly  may  authorize  the  County  Courts  of  each 
county  in  this  State  to  levy  and  collect  a  school  tax  for  free  com- 
mon school  purposes,  for  the  children  in  such  counties  between  the 
ages  of  six  and  eighteen  years ;  Provided,  That  in  case  any  county 
shall  establish  common  schools  within  the  limits  thereof,  there  shall 
be  separate  schools  for  white  and  negro  children. 

The  Convention  took  a  recess  until  2J  o'clock  P.  M. 


AFTERNOON  SESSION. 


Mr.  CAMPBELL  offered  the  following  in  lieu  of  the  report  of  the 
Committee  on  Common  Schools  : 

"  It  shall  be  the  duty  of  the  General  Assembly  to  provide  for  the 


t  308 

establishment  of  free  schools  for  the  gratuitous  instruction  of  all 
the  children  of  this  State  between  the  ages  of  six  and  eighteen  years. 
For  this  purpose,  the  ordinary  tax  assessed  by  the  State  on  polls, 
under  the  provisions  of  this  Constitution,  shall  never  be  applied  to 
other  than  for  free  school  purposes, ;  and  the  General  Assembly 
may,  from  time  to  time,  provide  such  additional  means  as  may  be 
necessary  for  the  support  of  a  system  of  common  schools." 

Which  amendmen-t  in  lieu  was,  by  the  unanimous  consent  of  his 
House,  accepted  by  Mr.  GORDON,  the  Chairman  of  the  Committee. 

Mr.  TAYLOR  demanded  the  yeas  and  nays  on  the  adoption  of  the 
amendment,  which  were  ordered,  and  the  amendment  adopted. 

Yeas '- 60 

Nays •  11 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Bate,  Brandon,  Brooks,  Brown  of  David- 
son, Burkett,  Burton,  Byrne,  Campbell,.  Carter,  Chowning,  Coffin. 
Gumming  s,  Cypert,  Deavenport,  Dibbrell,  Doherty,  Dromgoole, 
Fentress,  Fielder,  Fulkerson,  Gardner,  Garner,  Gibbs,  Heiskell, 
Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson, 
House  of  Montgomery,  etc.,  Ivie,  Jones  of  Lincoln,  Jones  of  Giles, 
Kennedy,  Kyle,  Mabry,  McDougal,  McNabb,  Martin,  Morris, 
Meeks,  Netherland,  Nicholson,  Porter  of  Haywood,  Porter  of 
Henry,  Sample,  Seay,  Shepard,  Shelton,  Staley,  Stephens,  Taylor, 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Walters, 
Warner,  Williamson  and  Wright — 60. 

Those  voting  in  the  negative  are  : 

Messrs.  Baxter,  Blackburn,  Blizard,  Branson,  Britton,  Finley, 
Gibson,  Gordon,  Key,  Kirkpatrick  and  Parker — 11. 

Mr.  TAYLOR  moved  to  amend  his  amendment  by  striking  out 
from  the  first  line  the  words  "  have  power,"  so  that  it  will  read  : 

"  Provided,  The  Legislature  shall  establish  such  a  system 
/throughout  the  State,  so  as  to  prevent  the  instruction  of  white 
(  children  and  negro  children  at  the  same  institution  or  free  school." 

Mr.  BAXTER  demanded  the  yeas  and  nays  upon  the  adoption  of 
the  amendment,  which  were  ordered,  and  the  amendment  adopted. 

Yeas 72 

Nays. 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Branson,  Bran- 
don Britton,  Brooks,  Brown  of  Davidson,  Burkett,  Burton,  Byrne, 
Campbell,  Carter,  Chowning,  Coffin,  Cummings,  Cypert,  Deaderick, 
Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Fin- 


309 

ley,  Fulkerson,  Gardner,  Garner,  Guut,  Gibbs,  Gibson,  Gordon, 
Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of 
Williamson,  House  of  Montgomery,  etc.,  I  vie,  Jones  of  Giles, 
Kennedy,  Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal,  McNabb, 
Martin,  Morris,  Meeks,  Netherland,  Nicholson,  Parker,  Porter  of 
Hay  wood,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Shelton,  Staley, 
Taylor,  Thompson  of  Davidson,  Thompson  of  Maury,  Turner, 
Walters,  Warner,  Williamson,  Wright  and  President  Brown — 72. 

Voting  in  the  negative  : 

Mr.  Jones  of  Lincoln — 1. 

Mr.  BAXTER  demanded  the  yeas  and  nays  upon  the  adoption  of 
Mr.  HeiskelFs  amendment,  which  were  ordered,  and  the  amend- 
ment adopted. 

Yeas 39 

Nays 35 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Bate,  Brooks,  Coffin,  Cummings,  Dib- 
brell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Fulkerson,  Gardner, 
Garner,  Gaut,  Gibbs,  Heiskell,  Hill  of  Warren,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Montgomery,  etc.,  Jones  of  Lincoln, 
Jones  of  Giles,  Kennedy,  Mabry,  McDougal,  Martin,  Porter  of 
Hay  wood,  Porter  of  Henry,  Seay,  Shelton,  Stephens,  Taylor,  Thomp- 
son of  Davidson,  Turner,  Warner,  Williamson,  Wright  and  Presi- 
dent Brown — 39. 

Those  voting  in  the  negative  are : 

Messrs.  Baxter,  Blackburn,  Blizard,  Branson,  Brandon,  Britton, 
Brown  of  Davidson,  Burkett,  Burton,  Byrne,  Campbell,  Carter, 
Chowning,  Cypert,  Deaderick,  Deavenport,  Finley,  Gibson,  Gor- 
don, Henderson,  Ivie,  Key,  Kirkpatrick,  Kyle,  McNabb,  Morris, 
Meeks,  Netherland,  Nicholson,  Parker,  Sample,  Shelton,  Staley, 
Thompson  of  Maury  and  Walters — 35. 

Mr.  TAYLOR  moved  to  reconsider  the  vote  adopting,  the  amend- 
ment. 

Mr.  HEISKELL  moved  to  lay  the  motion  to  reconsider  on  the 
table. 

The  yeas  and  nays  were  ordered,  and  the  motion  to  lay  011  the 
table  rejected. 

Yeas 33 

Nays          '.. , ...40 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Bate,  Brooks,  Chowning,  Coffin,  Cum- 
mings,  Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Gardner, 
Garner,  Gaut,  Gibbs,  Heiskell,  Hill  of  Warren,  Hill  of  ^  Gibson, 


310 

House  of  Montgomery,  etc.,  Jones  of  Lincoln,  Jones  of  Giles,  Ken- 
nedy, Mabry,  McDougal,  Martin,  Porter  of  Hay  wood,  Porter  of 
Henry,  Shelton,  Stephens,  Turner,  Warner  and  Williamson — 33. 

Those  voting  in  the  negative  are : 

Messrs.  Baxter,  Blackburn,  Blizard,  Brandon,  Branson,  Britton, 
Brown  of  Davidson,  Burkett,  Byrne,  Campbell,  Carter,  Cypert, 
Deaderick,  Deavenport,  Finley,  Fulkerson,  Gibson,  Gordon,  Hen- 
derson, House  of  Williamson,  Ivie,  Key,  Kirkpatrick,  Kyle, 
McNabb,  Morris,  Meeks,  Netherland,  Nicholson,  Parker,  Sample, 
Seay,  Shepard,  Staley,  Taylor,  Thompson  of  Davidson,  Thompson 
of  Maury,  Walters  and  Wright — 40. 

The  further  consideration  of  the  motion  to  reconsider  was  post- 
poned until  to-morrow. 

LEAVE   OF   ABSENCE. 

On  motion  of  Mr.  BAXTER,  leave  of  absence  was  granted  Mr. 
Fulkerson  for  the  balance  of  the  session  of  the  Convention  on  ac- 
count of  sickness  in  his  family. 

On  motion  of  Mr.  POUTER,  of  Henry,  the  Convention  adjourned 
until  to-morrow  morning,  at  9|  o'clock. 


TUESDAY  MORNING,  FEBRUARY  15,  1870. 

.  The   Convention  met   pursuant   to   adjournment,  Mr.  President 
BROWN  in  the  Chair. 

.Prayer  by  the  Rev.  Mr.  SAMPLE,  a  member  of  the  Convention. 
•The  Journal  of  yesterday  was  read,  and  approved. 

HOURS  OF  MEETING  AND  ADJOURNMENT. 

•     Mr.  GAUT  submitted  the  following  resolution  : 

Resolved,  That  hereafter  the  Convention  meet  at  9  o'clock  A.   M., 


311 

take  a  recess  at  1  o'clock  p.  M.,  meet  at  2  o'clock  i\  M.,  and  adjourn 
ut  7  o'clock  P.  M. 

On  motion  of  Mr.  GAUT,  the  rules  were  susjpended,  and  the  reso- 
lution  taken  up. 

Mr.  PORTER,  of  Haywood,  moved  to  amend  the  resolution  by 
striking  out  "  seven  "  and  inserting  "  six." 

Mr.  JONES,  of  Lincoln,  moved  to  amend  Mr.  Gaut's  resolution 
by  striking  out,  "  and  adjourn  at  7  o'clock  P.  M.,"  which  amend- 
ment was  adopted. 

Mr.  THOMPSON,  of  Maury,  offered  the  following  in  lieu  of  Mr. 
Gaut's  amendment : 

Resolved,  That  hereafter  the  Convention  will  meet  at  9J  o'clock 
A.  M.,  and  adjourn  to  3  o'clock  P.  M. 

On  motion  of  Mr.  BAXTER,  the  resolution  of  Mr.  GAUT,  and  the 
resolution  in  lieu,  were  laid  on  the  table. 

FREEDOM    OF   THE    HALL. 

Mr.  THOMPSON,  of  Davidson,  submitted  the  following  resolu- 
tion : 

Be  it  resolved,  That  the  freedom  of  the  hall,  during  the  sitting  of 
the  Convention,  is  tendered  to  the  Hon.  C.  F.  TRIGG,  now  holding 
-an  adjourned  session  of  the  United  States  District  Court  in  Nash- 
ville. 

The  rules  were  suspended,  and  the  resolution  adopted. 

COMMON    SCHOOLS    FURTHER   CONSIDERED. 

The  Convention  proceeded  to  the  consideration  of  the  unfinished 
business  of  yesterday,  the  pending  question  being  Mr.  TAYLOR'S 
motion  to  reconsider  the  vote  adopting  Mr.  Heiskell's  amendment. 

Mr.  TAYLOR  demanded  the  yeas  and  nays  upon  the  adoption  of 
his  motion,  which  were  orderod,  and  the  motion  to  reconsider 
.adopted* 

Yeas .*.. 37 

Nays 34 

Those  voting  in  the  affirmative  are : 

Messrs.  Baxter,  Blizard,  Brandon,  Branson,  Britton,  Brooks,  Brown 
•of  Davidson,  Burkett,  Burton,  Byrne,  Campbell,  Carter,  Chowning, 
Cypert,  Deaderick,  Deavenport,  Finley,  Gibson,  Gordon,  Hender- 
son, House  of  Williamson,  Ivie,  Key,  Kirkpatrick,  Kyle,  Mabry, 


312 

McNabb,  Morris,  Meeks,  Netherland,  Nicholson,  Parker, 
Shepard,  Staley,  Taylor  and  Walters — 37. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Bate,  Coffin,  Cummings,  Dibbrell,  Do- 
herty,  Dromgoole,  Fentress,  Fielder,  Gardner,  Garner,  Gaut,  Gibbs, 
Heiskell,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Montgomery, 
Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  McDougal,  Martin, 
Porter  of  Haywood,  Porter  of  Henry,  Seay,  Shelton,  Stephens, 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Warner, 
Williamson  and  Wright — 34. 

Mr.  GARNER  demanded  the  previous  question. 

The  question  recurring  on  Mr.  HEISKELL'S  amendment,  Mr. 
Jones,  of  Lincoln,  demanded  the  yeas  and  nays  on  its  adoption, 
which  were  ordered,  and  the  amendment  rejected. 

Yeas 30 

Nays 40 

Those  voting  in  the  affimative  are : 

Messrs.  Allen,  Arledge,  Bate,  Coffin,  Cummings,  Dibbrell,  Do- 
herty,  Dromgoole,  Fentress,  Fielder,  Gardner,  Garner,  Gaut,  Gibbs, 
Heiskell,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Montgomery, 
etc.,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Porter  of  Hay- 
wood.  Porter  of  Henry,  Seay,  Shelton,  Stephens,  Turner,  Warner,, 
Williamson  and  Wright— 30. 

Those  voting  in  the  negative  are  : 

Messrs.  Baxter,  Blizard,  Brandon,  Branson,  Britton,  Brooks, 
Brown  of  Davidson,  Burkett,  Burton,  Byrne,  Campbell,  Carter, 
Ch owning,  Cypert,  Deaderick,  Deavenport,  Finley,  Gibson,  Gor- 
don, Henderson,  House  of  Williamson,  Ivie,  Key,  Kirkpatrick, 
Kyle,  Mabry,  McDougal,  McNabb,  Morris,  Meeks,  Netherlancl, 
Nicholson,  Parker,  Sample,  Shepard,  Staley,  Taylor,  Thompson  of 
Davidson,  Thompson  of  Maury  and  Walters— 40. 

The  question  recurring  on  Mr.  FENTRESS'  amendment,  Mr.  Bur- 
ton asked  for  a  division  of  the  question. 

The  Chair  decided  the  question  divisible. 

Mr.  HEISKELL  demanded  the  yeas  arid  nays  on  ijie  adoption  of 
the  first  clause  of  the  amendment,  which  were  ordered,  and  it  was 
rejected. 

Yeas 19 

Nays 53 

Those  voting  ifi  the  affirmative  are : 

Messrs.  Arledge,  Bate,  Brooks,  Fentress,  Fielder,  Gibbs,  Heis- 


313 

kell,  Hill  cf  Warren,  House  of  Montgomery,  etc.,  Jones  of  Lincoln, 
Jones  of  Giles,  Kennedy,  Porter  of  Hay  wood,  Porter  of  Henry, 
Seuy,  Shelton,  Stephens,  Taylor  and  Warner — 19. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Branson,  Britton,  Brown 
of  Davidson,  Burkett,' Burton,  Byrne,  Campbell,  Carter,  Chowning, 
Coffin,  Cummings,  Cypert,  Deaderick,  Deavenport,  Dibbrell,  Do- 
herty,  Dromgoole,  Finley,  Gardner,  Garner,  Gaut,  Gibson,  Gor- 
don, Hill  of  Gibson,  House  of  Williamson,  Ivie,  Key,  Kirkpatrick, 
Kyle,  Mabry,  McDougal,  McNabb,  Martin,  Morris,  Meeks,  Nether- 
land,  Nicholson,  Parker,  Sample,  Shepard,  Staley,  Thompson  of 
Davidson,  Thompson  of  Matiry,  Turner,  Walters,  Williamson, 
Wright  and  President  Brown — 53. 

The  remainder  of  the  amendment  of  Mr.  FENTKESS  was  ruled 
out  of  order  by  the  Chair,  it  having  been  acted  on  by  the  Conven- 
tion on  yesterday. 

The  question  recurring  on  Mr.  Campbell's  amendment,  Mr. 
GAILNER  demanded  the  yeas  and  nays  on  its  adoption,  which  were 
ordered,  and  the  amendment  adopted. 

Yeas 52 

Nays ' 17 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Branson,  Brandon,  Britton, 
Brooks,  Brown  of  Davidson,  Burkett,  Burton,  Byrne,  Campbell, 
Carter,  Chowning,  Coffin,  Cummings,  Cypert,  Deaderick,  Deaven- 
port, Doherty,  Finley,  Gardner,  Gaut,  Gibson,  Gordon,  Henderson, 
House  of  Williamson,  Ivie,  Key,  Kirkpatrick,  Kyle,  Mabry,  Mc- 
Dougal, McNabb,  Morris,  Meeks,  Netherland,  Nicholson,  Parker, 
Porter  of  Henry,  Sample,  Seay,  Shepard,  Staley,  Taylor,  Thompson 
of  Davidson,  Thompson  of  Maury,  Walters,  Warner,  Williamson, 
Wright  and  President .Browu — 52. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Dibbrell,  Dromgoole,  Fentress,  Garner,, 
Gibbs,  Heiskell,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Mont- 
gomery, etc.,  Jones  of  Lincoln,  Jones  of  Giles,  Porter  of  Hay  wood, 
Shelton,  Stephens  and  Turner — 17. 

Mr.  JONES,  of  Lincoln,  offered  the  following  amendment : 
Add  to  the  Section  the  following  : 

"  The  whole  amount  of  tax  collected  under  this  Section  shall  be 
paid  over  immediately  by  the  Tax  Collector  to  the.  County  Trustee 
to  be  appropriated  to,  and  expended  in  the  counties  from  which  the 
same  shall  be  collected  respectively." 


314 

Mr.  THOMPSON,  of  Davidson,  offered  the  following  in  lieu  of  Mr, 
Jones'  amendment : 

Be  it  resolved,  That  all  State  taxes  on  polls  shall  be  paid  over  to 
the  County  Trustee  by  the  Tax  Collector,  to  be  applied  under  the 
instructions  of  the  County  Courts  for  the  purpose  of  Common 
Schools  in  which  persons  between  the  ages  of  six  and  eighteen  may 
be  taught  to  read  and  write  without  charge." 

Mr.  JONES,  of  Lincoln,  subsequently  withdrew  his  amendment 
and  offered  the  following  : 

Add  to  the  end  of  the  Section : 

The  whole  amount  of  taxes  collected  for  Common  Schools,  under 
this  Section,  shall  be  paid  over  directly  to  the  proper  fiscal  officer  of 
the  several  counties  of  the  State,  in  which  the  same  may  be  collected 
and  under  the  direction  of  the  County  Court,  shall  be  expended  for 
the  support  of  Common  Schools  in  the  respective  counties.  The 
taxes  appropriated  under  this  Section  shall  be  raised  from  poll  taxes 
alone. 

Mr.  THOMPSON,  of  Davidson,  withdrew  his  amendment  in  lien. 

Mr.  KIRKPATKICK  called  for  the  previous  question,  which  was 
sustained. 

,  Mr.  BAXTER  demanded  the  yeas  and  nays  on  the  adoption  of 
Mr.  Jones'  amendment,  which  were  ordered,  and  the  amendment  re- 
jected. 

Yeas 33 

Nays 38 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Bate,  Brooks,  Cummings,  Doherty,  Dromgoole, 
Fentress,  Fielder,  Gardner,  Garner,  Gibbs,  Heiskell,  Hill  of  War- 
ren, Hill  of  Gibson,  House  of  Williamson,  House  of  Davidson,  etc., 
Ivie,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Netherland,  Por- 
ter of  Hay  wood,  Porter  of  Henry,  Seay,  Shepard,  Shelton,  Stephens, 
Taylor,  Thompson  of  Davidson,  Turner,  Warner,  Williamson  and 
Wright— 33. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Baxter,  Blackburn,  Blizard,  Branson,  Brandon, 
Britton,  Brown  of  Davidson,  Burkett,  Byrne,  Campbell,  Carter, 
Chowning,  Coffin,  Cummings,  Cypert,  Deaderick,  Deavenport,  Dib- 
brell,  Finley,  Gaut,  Gibson,  Henderson,  Key,  Kirkpatrick,  Kyle, 
Mabry,  McDougal,  McNabb,  Martin,  Morris,  Meets,  Nicholson, 
Parker,  Sample,  Staley,  Thompson  of  Maury  and  Walters — 38. 

Mr.  HEISKELL  offered  the  following  amendment  : 

"  But  the  Legislature  shall  not  be  required  to  levy  a  tax  for  the 


315 

next  ten  years,  of  more  than  one   million,   five  hundred  thousand 
dollars,  per  annum,  for  school  purposes." 

Pending  which  the  Convention  took  a  recess. 


AFTERNOON  SESSION. 


LEAVES    OF    ABSENCE. 

On  motion  of  Mr.  WRTGHT  leave  of  absence  was  granted  Mr. 
Porter  of  Henry,  for  to-day  and  to-morrow  on  account  of  family 
affliction. 

On  motion  of  Mr.  STEPHENS  leave  of  absence  was  granted  Mr. 
Dromgoole  for  the  remainder  of  the  day. 

COMMON   SCHOOLS    FURTHER   CONSIDERED. 

Mr.  CAMPBELL  offered  the  following  in  lieu  of  Mr.  Heiskell's 
amendment : 

Add  to  the  end  of  the  Section  the  following  : 

"  The  whole  amount  of  taxes  collected  for  Common  School  pur- 
poses under  this  Section  shall  be  paid  over  directly  to  the  proper 
fiscal  officer  of  the  several  counties  of  the  State  in  which  the  same 
may  be  collected  and  under  the  direction  of  the  County  Court,  shall 
be  expended  for  the  support  of  Common  Schools  in  the  respective 
counties;  Provided,  nothing  herein  shall  be  construed  to  prevent 
the  several  counties  in  this  State  from  levying  a  tax  for  Common 
School  purposes. 

*  Mr.  HEISKELL  withdrew  his  amendment. 

Mr.  CAMPBELL  then  offered  his  amendment  as  an  independent 
Section. 

Mr.  PORTER  called  for  the  previous  question,  which  was  sus- 
tained. 

Mr.  BROWN,  of  Davidson,  moved  that  the  amendment  be  laid  on 


316 

the  table  for  the  present,  and  that  the  House  proceed  to  the  consi- 
deration of  the  special  oidcr  of  the  day,  which  was  rejected. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  on  the  adop- 
tion of  Mr»  Campbell's  amendment,  which  were  ordered,  and  the 
amendment  adopted. 

Yeas 41 

Nays 31 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Brandon,  Brooks,  Brown  of  Henry  P 
etc.,  Burton,  Campbell,  Cummings,  Cypert,  Doherty,  Dromgoole, 
Fentress,  Fielder,  Gardner,  Garner,  Gibbs,  Gordon,  Heiskell,  Hill  of 
Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of  Mont- 
gomery, etc.,  "Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Mabry, 
Porter  of  Haywood,  Seay,  Shepard,  Shelton,  Stephens,  Taylor, 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Warner, 
Williamson,  Wright  and  President  Brown — 41. 

Those  voting  in  the  negative  are  : 

Messrs.  Baxter,  Blackburn,  Blizard,  Branson,  Britton,  Brown  of 
Davidson,  Burkett,  Byrne,  Carter,  Chowning,  Coffin,  Deaderick, 
Deavenport,  Dibbrell,  Finley,  Gibson,  Henderson,  Key,  Kirkpat- 
rick,  Kyle,  McDougal,  McNabb,  Martin,  Morris,  Meeks,  Nether  land, 
Nicholson,  Parker,  Sample,  Staley,  and  Walters — 31. 

Mr.  BAXTER  moved  that  the  Convention,  adjourn  until  to-mor- 
row morning,  and  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  adjourn  rejected : 

Yeas 14 

Nays ; 56 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blackburn,  Blizzard,  Branson,  Britton, 
Deaderick,  Doherty,  Finley,  Henderson,  Kirkpatrick,  Martin, 
Porter  of  Haywood  and  Staley — 14. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Brandon,  Brooks,  Brown  of  Davidson, 
Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell,  Carter, 
Chowning,  Coffin,  Cummings,  Cypert,  Deavenport,  Dibbrell,  Fent- 
tress,  Fielder,  Gardner,  Garner,  Gibbs,  Gibson,  Gordon,  Hei.skell, 
Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of 
Montgomery,  etc.,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Key, 
Kyle,  Mabry,  McDougal,  McNabb,  Morrisj  Meeks,  Netherland, 
Nicholson,  Parker,  Sample,  Seay,  Shepard,  Shelton,  Stephens,  Tay- 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Walters, 
Warner,  Williamson,  Wright  and  President  Brown — 56.  • 


317 

Mr.  MEEKS  moved  to  reconsider  the  vote  adopting  Mr.  Campbell's 
amendment  adopted  in  lieu  of  the  report  of  the  committee. 

Mr.  BAXTER  demanded  the  yeas  and  nays,  which  were  ordere  d 
and  the  motion  to  reconsider  rejected  : 

Yeas... 33 

Nays 36 

Those  voting  in  the  affirmative  are  :  * 

Messrs.  Arledge,  Bate,  Blizard,  Brooks,  Burkett,  Byrne,  Cum- 
mings,  Dibbrell,  Doherty,  Fentress,  Fielder,  Garner,  Gibbs,  Heis- 
kell,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Montgomery,  etc., 
Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Mabry,  McDougal,  Meeks, 
Nicholson,  Porter  of  Haywood,  Shelton,  Stephens,  Taylor,  Thomp- 
son of  Maury,  Turner,  Warner,  Williamson  and  Wright — 33. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Baxter,  Blackburn,  Branson,  Brandon,  Britton, 
Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burton,  Campbell,  Car- 
ter, Ch  owning,  Coffin,  Cypert,  Deaderick,  Deavenport,  Finley  Gard- 
ner, Gibson,  Gordon,  Henderson,  House  of  Williamson,  Key, 
Kirkpatrick,  Kyle,  McNabb,  Martin,  Morris,  Netherland,  Parker, 
Sample,  Seay,  Shepard,  Staley,  Thompson  of  Davidson  and  Walters 
—36. 

On  motion  of  Mr.  HOUSE,  of  Montgomery,  etc.,  the  rules  were 
suspended  to  allow  another  vote  upon  the  proposition  to  reconsider 
the  vote  adopting  Mr.  Campbell's  amendment. 

Mr.  WILLIAMSON  demanded  the  yeas  and  nays,  which  were  or- 
dered, and  the  vote  reconsidered  : 

Yeas 42 

Nays 28 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Blizard,  Brandon,  Brooks,  Burkett,  Byrne, 
Carter,  Chowning,  Coffin,  Cummings,  Cypert,  Deavenport,  Dibbrell, 
Fielder,  Garner,  Gaut,  Gibbs,  Heiskell,  Hill  of  Warren,  Hill  of 
Gibson,  House  of  Williamson,  House  of  Montgomery,  etc.,  Jones  of 
Lincoln,  Jones  of  Giles,  Kennedy,  Key,  Mabry,  McDougal,  Meeks, 
Netherland,  Nicholson,  Shepard,  Stephens,  Taylor,  Thompson  of 
Davidson,  Turner,  Walters,  Warner  and  Wright — 42. 

Those  voting  in  the  negative  are  : 

Messrs.  Bate,  Baxter,  Blackburn,  Branson,  Britton,  Brown  of 
Davidson,  Brown  of  Henry,  etc.,  Burton,  Campbell,  Deaderick, 
Doherty,  Fentress,  Finley,  Gardner,  Gibson,  Gordon,  Henderson, 


318 

I  vie,  Kirkpatrick,  Kyle,  McXabb,  Martin,  Parker,  Porter  of  Hay- 
wood,  Sample,  Seay,  Staley  and  Williamson — 28. 

Mr.  House,  of  Mongomery,  etc.,  ,rnoved  to  reconsider  the  vote  by 
which  the  second  amendment  of  Mr.  Campbell  was  adopted. 

Mr.  FENTRESS  demanded  the  yeas  and  nays  which  were  ordered, 
and  the  motion  to  reconsider  adopted  : 

Yeas     53 

Nays 18 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Brandon,  Britton, 
Brooks,  Burkett,  Burton,  Byrne,  Carter,  Chowning,  Coffin,  Cum- 
in ings,  Cypert,  Deaderick,  Deavenport,  Dibbrell,  Fielder,  Finley, 
Garner,  Gaut,  Gibbs,  Heiskell,  Henderson,  Hill  of  Warren,  Hill 
of  Gibson,  House  of  Williamson,  House  of  Montgomery,  etc.,  Ivie, 
Jones  of  Giles,  Kennedy,  Key,  Kirkpatriek,  Kyle,  Mabry, 
McDougal,  McNabb,  Martin,  Morris,  Meeks,  Netherland,  Nichol- 
son, Sample,  Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of  Da- 
vidson, Walters  and  Wright — 53. 

Those  voting  in  the  negative  are : 

Messrs.  Blackburn,  Branson,  Brown  of  Davidson,  Brown  of 
Henry,  etc.,  Campbell,  Doherty,  Fentress,  Gardner,  Gibson,  Gor- 
don, Jones  of  Lincoln,  Parker,  Porter  of  Haywood,  Seay,  Staley, 
Thompson  of  Maury,  Turner  and  Williamson — 18. 

Mr.  JONES,  of  Giles,  offered  Section  10,  of  Article  XI,  of  the 
the  Constitution  of  1834,  in  lieu  of  the  report  of  the  Committee 
and  all  pending  amendments,  aijd  demanded  tire  previous  question, 
which  was  sustained. 

Mr.  GIBSON  demanded  the  yeas  and  nays  upon  the  adoption  of 
the  amendment,  which  were  ordered,  and  the  amendment  adopted. 

Yeas. 49 

Nays 22 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Blizard,  Brandon,  Brooks,  Burkett, 
Byrne,  Carter,  Chowning,  Coffin,  Cummings,  Cypert,  Deaderick, 
Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Fielder,  Garner,  Gaut, 
Gibbs,  Heiskell,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Wil- 
liamson, House  of  Montgomery  etc.,  Jones  of  Lincoln,  Jones  of  Giles, 
Kennedy,  Mabry,  McDougal,  Martin,  McNabb,  Meeks,  Netherland, 
Nicholson,  Porter  of  Haywood,  Sample,  Shepard,  Shelton,  Stephens, 


319 

Taylor,-  Thompson  of    Davidson,    Thompson  of   Msmry,   Turner, 
Walters,  Warner  and  Wright — 49. 

Those  voting  in  the  negative  are  : 

Messrs.  Baxter,  Blackburn,  Branson r  Britton,  Brown  of  David- 
son, Brown  of  Henry,  etc.,  Burton,  Campbell,  Fentress,  Finloy, 
( Gardner,  Gibson,  Gordon,  Henderson,  Ivie,  Key,  Kirkpatrick,  Kyle, 
Parker,  Seay,  Staley  and  Williamson — 22. 

Mr.  KIRKPATRICK  entered  a  motion  to  take  from  the  table  the 
motion  to  reconsider  the  vote  adopting  Section  1,  Article  IV. 

CORPORATIONS  FURTHER  CONSIDERED, 

The  Convention  proceeded  to  the  consideration  of  the  special 
order  of  the  day,  the  report  of  the  Committee  on  Finance,  Inter- 
nal Improvements  and  Corporations. 

Mr.  HOUSE,  of  Williamson,  moved  to  lay  the  amendment  of  Mr. 
Jones,  of  Lincoln,  heretofore  offered,  on  the  table. 

Mr.  JONES  demanded  the  yeas  and  nays,  which  were  ordered,  and 
the  motion  to  lay  on  the  table  sustained. 

Yeas — 53 

Nays 13 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Blizard,  Branson,  Brandon,  Britton, 
Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burton,  Byrne, 
Campbell,  Carter,  Chowning,  Coffin,  Cypert,  Deaderick,  Dibbrell, 
Doherty,  Finley,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Gordon, 
Heiskell,  Henderson,  Hill  of  Gibson,  House  of  Williamson,  House 
of  Montgomery,  etc.,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick, 
Mabry>  McDougal,  McNabb,  Meeks,  Netherland,  Nicholson,  Par- 
ker, Porter  of  Haywood,  Sample,  Seay,  Shepard,  Shelton,  Staley, 
Stephens,  Thompson  of  Davidson,  Walters  and  Wright — 53. 

Those  voting  in  the  negative  are  : 

Messrs.  Bate,  Cummings,  Deavenporty  Fentress,  Fielder,  Hill  of 
Warren,  Ivie,  Jones  of  Lincoln,  Morris,  Thompson  of  Maury,  Tur- 
ner, Warner  and  Williamson — 13 

Mr.  GIBSON  offered  the  following  amendment  i 

"  Insert  the  words  "  or  its  powers  increased  or  diminished  "  be- 
tween the  words  "  created  "  and  "  by,"  in  the  first  line,  so  that 
the  first  clause  will  read  "  no  corporation  shall  be  created,  or  its 
powers  increased  or  diminished. by.  special  laws." 


320 

.Mr.  NICHOLSON'S  amendment,  heretofore  offered,  to- wit:  "But 
no  such  alteration  or  repeal  shall  interfere  with  or  divest  right,* 
which  have  become  vested  "  was  adopted  by  the  Convention. 

Mr.  GIBSON'S  amendment  was  then  adopted. 

Mr.  THOMPSON,  of  Maury,  offered  the  following  amendment : 

In  1st  line,  between  the  word  "  corporation  "  and  "  shall "  in- 
sert the  words  "  except  Banking  Companies,  Railroad  Companies, 
Navigation  Com  panics  and  Insurance  Companies;"  add  to  said  sec- 
tion the  words,  "  and  all  companies  incorporated  by  the  General 
Assembly  shall  each  pay  into  the  Treasury  of  tbe  State  one  hun- 
dred dollars  before  the  Act  of  Incorporation  shall  take  effect  or  be  in 
force." 

Mr.  BURTON  demanded  a  division  of  the  question,  which  was- 
ordered,  and  the  first  clause  of  the  amendment  was  rejected. 

Mr.  THOMPSON  demanded  the  yeas  and  nays  upon  the  adoption 
of  the  second  clause  of  his  amendment. 

The  Chair  declared  the  rejection  of  the  first  clause  disposed  of 
the  amendment. 

Mr.  JONES,  of  Giles,  offered  the  following  amendment : 

Provided,  That  no  charter  incorporating  a  railroad,  a  bank,  or 
town  or  city,  where  the  number  of  inhabitants  shall  exceed  two 
hundred  and  fifty,  shall  go  into  operation  until  the  same  shall  be 
approved  by  a  vote  of  the  majority  of  each  House  of  the  Legis- 
lature. 

Mr.  TURNER  demanded  the  previous  question,  which  was  sus- 
tained, and  Mr.  Jones',  of  Giles,  amendment  rejected,  and  Section 
7,  Article  XI,  as  amended  was  adopted. 

Mr.  TURNER  moved  to  reconsider  the  vote  adopting  the  Section, 
and  further  moved  to  lay  the  motion  to  reconsider  on  the  table. 

Mr.  BAXTER  demanded  the  yeas  and  nays  on  the  the  motion  to 
lay  the  motion  to  reconsider  on  the  table,  which  were  ordered,  and 
the  motion  to  lay  on  the  table  sustained. 

Yeas 49 

Nays 15 

Those  voting  in  the  affirmative  are : 

Messrs.  Brandon,  Branson,  Britton,  Brown  of  Henry,  etc.,  Bur- 
ton, Byrne,  Coffin,  Cummings,  Cypert,  Deaderick,  Deavenport, 
Dibbrell,  Doherty,  Fielder,  Gardner,  Garner,  Gaut,  Gibson,  Heis- 
kell,  Henderson,  Hill  of  Waren,  Hill  of  Gibson,  House  of  Wil- 


321 

liamson,  I  vie,  Jones  of  Lincoln,  Kennedy,  Key,  Kirkpatrick,  Ma- 
bry,  McDougal,  McNabb,  Morris,  Meeks,  Netherland,  Nicholson, 
Parker,  Porter  of  Hay  wood,  Sample,  Seay,  Shepard,  Shelton,  Sta- 
ley,  Stephens,  Thompson  of  Davidson,  Turner,  Walters,  Warner, 
Williamson  and  Wright — 49. 

Those  voting  in  the  negative  are: 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brooks,  Brown  of  David- 
son, Campbell,  Carter,  Chowning,  Fentress,  Finley,  Gibbs,  Gordon, 
Jones  of  Giles  and  Thompson  of  Maury — 15. 

On  motion,  the  Convention  adjourned  until  to-morrow  morn- 
ing at  9J  o'clock. 


WEDNESDAY  MORNING,  FEBRUARY  16,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
,L>ROWN  in  the  Chair. 

The  Journal  of  yesterday  was  read  and  approved. 

AMENDMENTS    PROPOSED. 

Mr.  JONES,  of  Lincoln,  offered  the  following  resolution  : 
Resolved,  That  the  Committee  on  the  Judiciary  Department  be 
and  are  hereby  instructed  to  report  a  provision  to  be  inserted  in 
Section  13,  Article  6,  providing  that  Clerks  of  the  Chancery  Courts 
shall  be  elected  for  the  term  of  four  years  by  the  qualified  voters  of 
the  counties,  or  districts,  for  which  the  several  courts  may  be  held 
and  also  providing  that  Clerks  of  the  Circuit  Courts  shall  be  elect- 
ed by  the  qualified  voters  of  the  several  counties  for  the  term  of 
four  years. 

Which  lies  over  under  the  rules. 

FRAUDULENT   BONDS. 

Mr.  CAMPBELL  submitted  the  following  preamble  *nd  resolution  : 
21 


322 

WHEREAS,  It  having  been  stated  upon  the  floor  of  this  Conven- 
tion, that  extensive  frauds  and  irregularities  have  been  committed 
in  obtaining  the  bonds  of  the  State,  for  internal  improvements  and 
other  purposes  ;  that  a  large  number  of  the  bonds  of  the  State  have 
been  illegally  issued  and  appropriated ;  that  other  securities  Jof  the 
State  are  now  in  circulation  without  legal  authority ;  and  that  ir- 
regularities have  been  committed  in  disposing  of  the  Agricultu- 
ral School  Scrip.  It  is  therefore, 

Resolved,  That  the  Legislature,  now  in  session,  be  requested  to 
pass  a  law  creating  a  commission  of  three  discreet  citizens  of  the 
State,  to  be  called  "  The  Board  of  Commissioners  on  Bond  and 
Public  Securities/7  whose  duty  it  shall  be  to  examine  into  and  ad- 
judicate upon  the  validity  of  all  bonds,  and  other  securities  issued 
by,  and  now  outstanding  against  the  State,  and  to  report  upon  any 
irregularities  that  may  have  been  committed  in  the  disposition  of 
the  Agricultural  School  Scrip.  That  said  Board  of  Commissioners 
have  conferred  upon  them  all  the  power,  authority  and  machinery 
necessary  to  carry  out  the  object  and  purposes  of  this  resolution. 

Which  lies  over  under  the  rule. 


PRINTING  THE    NEW  CONSTITUTION. 

Mr.  TURNER  offered  the  following  resolution  : 

Resolved,  That  the  Committee  on  Revision  and  Enrollment  be  in- 
structed to  have  printed  ten  thousand  copies  of  the  amended  Con- 
stitution, at  as  an  early  day  as  practicable.  The  same  to  be  so 
printed  as  to  show  the  additions  and  amendments  to  the  present 
Constitution. 

Which  lies  over  under  the  rule. 
Mr.  GIBSON  presented  the  following 

PROTEST  : 

The  undersigned  having  voted  against  all  the  propositions  that 
tended  to  deprive  the  children  of  Tennessee  of  the  benefits  of  fre 
schools,  and  having  especially  voted  against  the  10th  Section,  o. 
Article  XI  of  the  Constitution,  desire  to  present,  by  waj  of  prote,". 
the  reasons  for  their  vote  : 

1.  Said  Section  while  declaring  that  "knowledge,   learning  and 
virtue  are  essential  to  the  preservation  of  Republican  institutions," 
at  the  same  time  provides  no  means  to  make  operative  that  great 
truth,  and  is  therefore  an  acknowledgment  that   the  Convention  is 
either  unable  or  unwilling  to  devise  a  method  of  general  public  in- 
struction. 

2.  The  consecration  of  the  "Common  School  Fund"  to  the  "sup- 
port and  encouragement  of  Common  Schools  "  is  a  horrid  'mockery 


323 

inasmuch  as  there  is  not  one  cent  of  said  "fund"  in  existence;   and 
the.  very  language  sounds   like  Scripture  in  the  mouth  of  an  infidel. 

2.  Said  section,  though  one  of  the  longest  in  the  Constitution,  has 
the  leant  in  it.  It  literally  means  nothing.  It  is  a  monstrous  con- 
glomeration of  uncommonly  long  sentences,  and  sounds  like  an 
antique  epitaph  upon  Plato's  Academy.  Its  true  signification  is 
"hie  jacet." 

4.  Said  section  says  in  substance  that  the  children  of  Tennessee 
are  entitled  to  common  schools,  and  yet  practically  denies  them 
schools.  And  this  said  section  is  an  inimitable  illustration  of  "  how 
not  to  do  it." 

The  undersigned  believe  that  the  education  of  her  children  is  the 
highest  duty  of  the  State — a  duty  not  to  be  postponed  in  qrder  to 
pay  debts  of  doubtful  obligation,  but  a  duty  to  be  preferred  to  all 
others.  Free  schools  and  free  States  are  inseparable,  for  education 
is  the  foundation  of  freedom. 

The  section,  as  adopted,  is  but  the  dead  corpse  of  the  section  in 
the  old  Constitution.  The  same  body  is  there,  but  the  life,  the 
money  is  gone — gone  past  resurrection,  and  all  that  remains  is  to 
bury  the  ghastly  carcass  of  what  was  once  a  glory  and  a  blessing 
to  Tennessee,  forever  out  of  sight.  Why  keep  the  section  like  an 
Egyptian  mummy,  preserved  for  exhibition  in  the  Constitution,  a 
perpetual  offence  to  the  sight,  an  unpleasant  reminder  of  past  good, 
now  vanished  forever. 

The  undersigned,  therefore,  protest  against  the  adoption  of  said 
section  as  a  promise  without  a  fulfillment,  a  right  without  enjoy- 
ment, a  preamble  without  a  resolution,  a  "  glittering  generality,"  a 
repudiation  of  a  great  moral  duty,  and  a  deadly  blow  at  education 
given  in  the  name  of  friendship,  and  asked  to  have  this  their  pro- 
test entered  on  the  Journal. 

HENRY  E.  GIBSON, 
JAMES  C.  PARKER, 
J.  W.  BRANSON. 

REPORT  ON  THE  JUDICIARY. 

Mr.  HEISKELL,  from  the  Committee  on  the  Judiciary,  made  the 
following  report : 

The  Committee  on  the  Judicial  Department  have  directed  me  to 
report :  That  they  have  considered  the  matter  of  tjie  memorial  of 
Robert  H.  Jameison,  and  that  they  recommend  the  adoption  of  the 
following  clauses  to  be  incorporated  in  the  Constitution. 

HEISKELL,  Chairman.  ' 

ARTICLE  XI. 

Section  1,  as  heretofore.     Add  to  it  the  following : 
But  ordinances  contained  in  any  former  Constitution  or  Schedule 
thereto  are  hereby  abrogated. 


324 

The  time  which  lias  elapsed  from  the  6th  day  of  May,  1861,  un- 
til the  1st  day  of  January,  1867-^  shall  not  be  computed,  in  any  case 
affected  by  the  statutes  of  limitation,  nor  shall  any  writ  of  error  be 
affected  by  such  lapse  of  time. 

On  motion  of  Mr.  HEISKELL,  it  was  ordered  that  the  report  be 
laid  on  the  table,  and  100  copies  be  printed  for  the  use  of  the  Con- 
vention. 

RATE   OF   INTEREST. 

The  Convention  proceeded  to  the  consideration  of  the  Eeport  of 
the  Committee  on  Finance,  Internal  Improvements  and  Corpora- 
tions— the  question  immediately  pending  being  that  of  interest. 

Mr.  JONES,  of  Lincoln,  offered  the  following  as  an  amendment 
to  the  amendment  of  Mr.  Baxter  : 

Add,  "for  loaned  money  not  exceeding  ten  per  centum  per  an- 
num." 

Mr.  PORTER,  of  Haywood,  offered  the  following  in  lieu  of  Mr. 
Baxter's  and  the  Report  of  the  Committee  : 

Strike  out  Article  XI,  Section  6,  and  insert  the  following : 

"  The  legal  rate  of  interest  in  this  State  shall  be  six  per  centum 

per  annum,  but  the  Legislature  shall  have  power  to  provide  by  law 

for  a  conventional  rate  of  interest." 

Mr.  HILL,  of  Gibson,  demanded  the  previous  question,  which 
was  sustained. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  upon  the 
adoption  of  his  amendment,  which  were  ordered  and  the  amend- 
ment rejected. 

Yeas 29 

Nays 40 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Branson,  Britton,  Brooks,  Brown  of  Davidson, 
Deavenport,  Dromgoole,  Fielder,  Garner,  Gaut,  Gibson,  Hill  of 
Warren,  House  of  Montgomery,  etc.,  Ivie,  Jones  of  Lincoln,  Jones 
of  Giles,  Key,  McDougal,  McNabb,  Martin,  Meeks,  Netherland, 
Nicholson,  Parker,  Seay,  Shepard,  Thompson  of  Maury,  Turner 
and  Warner — 29. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Baxter,  Blackburn,  Blizard,  Brandon,  Brown  of 
Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell,  Carter,  Chowning, 
Coffin,  Cummings,  Cypert,  Deaderick,  Dibbrell,  Fentress,  Finley, 


325 

Gardner,  Gibbs,  Gordon,  Heiskell,  Henderson,  Hill  of  Gibson, 
House  of  Williamson,  Kennedy,  Kyle,  Mabry,  Morris,  Porter  of 
Haywood,  Sample,  Staley,  Stephens,  Taylor,  Thompson  of  David- 
son, Walters,  Williamson  and  Wright — 40. 

Mr.  PORTER,  of  Haywood,  demanded  the  yeas  and  nays  on  the 
adoption  of  his  amendment  in  lieu,  which  were  ordered  and  the 
amendment  rejected. 

Yeas 23 

Nays 46 

Those  voting  in  the  affirmative  are : 

Messrs.  Branson,  Britton,  Brooks,  Brown  of  Davidson,  Carter, 
Chowniug,  Coffin;  Cypert,  Deavenport,  Fielder,  Gaut,  Gibson, 
Henderson,  House  of  Montgomery,  etc.,  Ivie,  McDougal,  McNabb, 
Meeks,  Parker,  Porter  of  Haywood,  Seay,  Staley  and  Turner — 23. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Blackburn,  Blizard,  Brandon, 
Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell,  Cum- 
in ings,  Deaderick,  Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fin- 
ley,  Gardner,  Garner,  Gibbs,  Gordon,  Heiskell,  Hill  of  Warren, 
Hill  of  Gibson,  House  of  Williamson,  Jones  of  Lincoln,  Jones  of 
Giles,  Kennedy,  Key,  Kyle,  Mabry,  Martin,  Morris,  Netherland, 
Nicholson,  Sample,  Shepard,  Stephens,  Taylor,  Thompson  of  Da- 
vidson, Thompson  of  Maury,  Walters,  Warner,  Williamson  and 
Wright— 46. 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  on  the  adop- 
tion of  Mr.  Baxter's  amendment,  which  were  ordered  and  the 
amendment  rejected. 

Yeas 34 

Nays 38 

Those  voting  in  the  affirmative  are : 

Messrs.  Baxter,  Blackburn,  Blizard.  Brandon,  Branson,  Brown  of 
Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Carter, 
Chowning,  Coffin,  Dromgoole,  Fentress,  Finley,  Gibbs,  Gibson, 
Hill  of  Gibson,  House  of  Williamson,  House  of  Montgomery,  etc., 
Ivie,  Kennedy,  Key,  McNabb,  Netherland,  Nicholson,  Parker, 
Sample,  Seay,  Shepard,  Turner  and  Williamson — 34. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Bate,  Britton,  Brooks,  Campbell,  Cum- 
mings,  Cypert,  Deaderick,  Deavenport,  Dibbrell,  Doherty,  Fielder, 
Gardner,  Garner,  Gaut,  Gordon,  Heiskell,  Henderson,  Hill  of  War- 
ren, Jones  of  Lincoln,  Jones  of  Giles,  Kyle,  Mabry,  McDougal, 
Martin,  Morris,  Meeks,  Porter  of  Haywood,  Staley,  Stephens,  Tay- 


326 

lor,  Thompson  of  Davidson,  Thompson  of  Maury,  Walters,  War- 
ner,  Wright  and  President  Brown — 38. 

Mr.  BAXTER  demanded  the  yeas  and  nays  on  the  adoption  of  the 
Report  of  the  Committee,  which  were  ordered  and  the  report  re- 
jected. 

Yeas 27 

Nays 44 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Blackburn,  Blizard,  Brown  of  Davidson,  Brown  of 
Henry,  etc.,  Byrne,  Campbell,  Cypert,  Deavenport,  Dibbrell,  Do- 
herty,  Dromgoole,  Fentress,  Finley,  Gardner,  Gaut,  Heiskell,  House 
of  .Williamson,  Mabry,  Porter  of  Haywood,  Stephens,  Taylor, 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Wright  and 
President  Brown — 27. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Bate,  Baxter,  Branson,  Brandon,  Britton, 
Brooks,  Burkett,  Burton,  Carter,  Chowning,  Coffin,  Cummings, 
Deaderick,  Fielder,  Garner,  Gibbs,  Gibson,  Gordon,  Henderson, 
Hill  of  Warren,  Hill  of  Gibson,  House  of  Montgomery,  etc.,  Ivie? 
Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Key,  Kyle,  Mc- 
Dougal,  McNabb,  Martin,  Morris,  Meeks,  Netherland,  Nicholson^ 
Parker,  Sample,  Seay,  Shepard,  Staley,  Walters,  Warner  and  Wil- 
liamson— 44. 

Mr.  JONES,  of  Giles,  offered  the  6th  Section  of  Article  II  of  the 
Constitution  of  1834,  in  lieu  of  all  pending  propositions,  and  de- 
manded the  previous  question,  which  was  sustained. 

Mr.  JONES,  of  Giles,  demanded  the  yeas  and  nays  on  his  amend- 
ment, which  were  ordered  and  the  amendment  adopted. 

Yeas .....52 

Nays.. 19 

Those  voting  in  the  affirmative  are : 

,  Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blackburn,  Branson,  Bran- 
don, Britton,  Brooks,  Burkett,  Burton,  Carter,  Chowning,  Coffin, 
Cummings,  Cypert,  Deaderick,  Doherty,  Dromgoole,  Fielder,  Fin- 
ley,  Garner,  Gaut,  Gibson,  Gordon,  Henderson,  Hill  of  Warren, 
Hill  of  Gibson,  House  of  Williamson,  House  of  Montgomery,  etc., 
slvie,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  Key,  Kyle,  Mc- 
Dougal,  McNabb,  Martin,  "Morris,  Meeks,  Netherland,  Nicholson, 
Parker,  Sample,  Seay,  Staley,  Taylor,  Thompson  of  Maury,  Walt- 
ers,, Warner  and  Williamson — 52. 

Those  voting  in  the  negative  are  : 

Messrs.  Blizard,  Brown   of    Davidson,  Brown  of  Henry,  etc., 


327 

Byrne,  Campbell,  Deavenport,  Dibbrell,  Fentress,  Gardner,  Gibbs, 
Heiskell,  Mabry,  Porter  of  Haywood,  Shepard,  Stephens,  Thomp- 
son of  Davidson,  Turner,  Wright  and  President  Brown — 19. 

Mr.  BATE  moved  to  reconsider  the  vote  adopting  the  6th  Section 
of  Article  XI,  and  further  moved  to  lay  the  motion  to  reconsider 
on  the  table,  and  demanded  the  yeas  and  nays  on  the  latter  motion/ 
which  were  ordered,  and  the  motion  to  lay  on  the  table  adopted. 

Yeas 38 

Nays 31 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Branson,  Brandon,  Britton,  Brooks,  Burton,  Carter, 
Chowning,  Coffin,  Cypert,  Deaderick,  Doherty,  Dromgoole,  Fielder, 
Garner,  Gaut,  Gibson,  Gordon,  Henderson,  Hill  of  Warren,  Hill  of 
Gibson,  House  of  Montgomery,  etc.,  Ivie,  Jones  of  Lincoln,  Jones 
of  Giles,  Kyle,  McDougal,  McNabb,  Martin,  Morris,  Meeks,  Nether- 
land,  Nicholson,  Parker,  Sample,  Staley,  Walters  and  Warner — 38. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Baxter,  Blizard,  Brown  of  Davidson,  Brown  of 
Henry,  etc.,  Burkett,  Byrne,  Campbell,  Cummings,  Deavenport, 
Dibbrell,  Fentress,  Gardner,  Gibbs,  Heiskell,  House  of  Williamson, 
Kennedy,  Key,  Mabry,  Porter  of  Haywood,  Seay,  Shepard, 
Stephens,  Taylor,  Thompson  of  Davidson,  Thompson  of  Maury, 
Turner,  Williamson,  Wright  and  President  Brown — 31. 

Mr.  GIBBS  offered  the  following  amendment  to  6th  Section,  Ar- 
ticle XI  : 

But  the  Legislature  may  provide  for  a  conventional  rate  of  in- 
terest. 

Mr.  BATE  demanded  the  yeas  and  nays  on  the  adoption  of  the 
amendment,  which  were  ordered,  and  the  amendment  adopted. 

Yeas 40 

Nays 24 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Brown  of  Davidson,  Brown  of  Henry, 
etc.,  Burkett,  Burton,  Byrne,  Campbell,  Coffin,  Cummings,  Cypert, 
Dibbrell,  Doherty,  Fentress,  Fielder,  Gardner,  Gaut,  Gibbs,  Gibson, 
Gordon,  Heiskell,  Hill  of  Gibson,  House  of  Williamson,  House  of 
Montgomery,  etc.,  Kennedy,  Key,  Mabry,  Nicholson,  Parker,  Porter 
of  Haywood,  Seay,  Shepard,  Stephens,  Taylor,  Thompson  of  David- 
son, Thompson  of  Maury,  Turner,  Walters,  Williamson,  Wright 
and  President  Brown — 40. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Blizard,  Brandon,  Britton,  Brooks,  Carter, 


328 

C.iowning,  Deaderick,  Deavenport,  Dromgoole,  Garner,  Henderson, 
Hill  of  Warren,  Ivie,  Jones  of  Lincoln,  Jones  of  Giles,  Kyle, 
McDougal,  McNabb,  Martin,  Meeks,  Morris,  Netherland,  Sample, 
Staley  and  Warner — 24. 

Mr.  Henderson  offered  the  following  proviso : 

"  But  no  person,  company  or  corporation  shall  be  held  liable  as 
security  for  another  upon  any  debt,  contract  or  undertaking  bear- 
ing a  higher  rate  of  interest  than  six  per  cent,  per  annum." 

Pending  which  the  Convention  took  a  recess. 


AFTERNOON  SESSION. 

Mr.  HENDERSON'S  amendment  being  the  pending  question,  Mr. 
Jones,  of  Lincoln,  called  for  the  question,  and  demanded  the  yeas 
and  nays  on  the  adoption  of  Mr.  Henderson's  amendment,  whiclsn 
were  ordered,  and  the  amendment  rejected. 

Yeas a 20 

Nays 42 

Those  voting  in  the  affirmative  are : 

Messrs.  Branson,  Britton,  Brooks,  Deavenport,  Garner,  Gibson, 
Gordon,  Henderson,  Hill  of  Warren,  Jones  of  Lincoln,  Jones  of 
Giles,  Key,  Kyle,  McNabb,  Morris,  Netherland,  Sample,  Staley, 
Walters  and  Warner — 20. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Baxter,  Blizard,  Brandon,  Brown  of  Henry, 
etc.,  Burkett,  Burton,  Byrne,  Campbell,  Carter,  Chowning,  Coffin, 
Cummings,  Cypert,  Deaderick,  Dibbrell,  Doherty,  Dromgoole, 
Fentress,  Fielder,  Gardner,  Gaut,  Gibbs,  Heiskell,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Montgomery,  etc.,  Ivie,  Kennedy, 
Kirkpatrick,  McDougal,  Martin,  Porter  of  Haywood,  Seay, 
Shepard,  Stephens,  Taylor,  Thompson  of  Davidson,  Turner,  Wil- 
liamson, Wright  and  President  Brown — 42. 


329 

Mr.  CYPEBT  offered  the  following  proviso,  as  an  amendment  to 
Section  6,  Article  XI : 

Provided,  The  Legislature  shall  have  no  power  to  enact  any  law 
allowing  a  higher  ratejof  interest  than  ten  per  cent,  per  annum. 

Mr.  GARNER  demanded  the  yeas  and  nays  upon  the  adoption  of 
the  amendment,  which  were  ordered,  and  the  amendment  adopted. 

Yeas 53 

Nays 15 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Bate,  Blizard,  Brandon,  Branson,  Britton,  Brooks, 
Byrne,  Carter,  Chowning,  Coffin,  Cummings,  Cypert,  Deaderick, 
Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Fielder,  Gardner, 
Garner,  Gaut,  Gibson,  Gordon,  Henderson,  Hill  of  Warren,  House 
of  Williamson,  House  of  Montgomery,  etc.,  I  vie,  Jones  of  Lin- 
coln, Jones  of  Giles,  Key,  Kirkpatrick,  Kyle,  McDougal,  McNabb, 
Martin,  Meeks,  Morris,  Netherland,  Nicholson,  Parker,  Sample, 
Seay,  Shepard,  Shelton,  Staley,  Taylor,  Thompson  of  Maury,  Tur- 
ner, Walters,  Warner  and  Wright — 53. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Baxter,  Brown  of  Henry,,  etc.,  Burkett,  Burton, 
Campbell,  Fentress,  Gibbs,  Heiskell,  Hill  of  Gibson,  Kennedy, 
Porter  of  Haywood,  Stephens,  Thompson  of  Davidson  and  Wil- 
liamson— 15. 

On  motion  of  Mr.  FENTRESS,  leave  of  absence  was  granted  Mr. 
Campbell  on  account  of  sickness. 

STATE   AID   TO   RAILROADS. 

The  Convention  proceeded  to  the  consideration  of  the  following 
report  of  the  Committee  on  Finance  : 

"  No  bonds  of  the  State  shall  be  issued  to  any  railroad  company 
which,  at  the  time  of  its  application  for  the  same,  shall  be  in  de- 
fault in  paying  the  interest  upon  State  bonds  previously  loaned  to 
it,  or  that  shall  hereafter,  and  before  such  application,  sell,  or  abso- 
lutely dispose  of,  any  State  bonds  loaned  to  it  for  less  than  par." 

Mr.  JONES,  of  Lincoln,  demanded  the  yeas  and  nays  on  the  adop- 
tion of  the  report  -of  the  Committee,  which  were  ordered,  and  the 
report  rejected  by  a  tie  vote. 

Yeas 34 

Nays 34 

Those  voting  in  the  affirmative  are : 

Messrs.   Arleclgo,   Bate,   Baxter,   Blizard,  Brown   of  Davidson, 


Brown  of  Henry,  etc.,  Burton,  Carter,  Deavenport,  Doherty,  Brom- 
goole,  Fielder,  Gardner,  Garner,  Gordon,  Henderson,  Hill  of  War- 
ren, Hill  of  Gibson,  House  of  Williamson,  House  of  Montgomery, 
etc.,  Ivie,  Jones  of  Lincoln,  Jones  of  Giles,  Kennedy,  McDougal, 
Meeks,  Morris,  Shelton,  Staley,  Stephens,  Thompson  of  Davidson, 
Thompson  of  Maury,  Walters  and  Warner — 34. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Brandon,  Branson,  Britton,  «Brooks,  Byrne, 
Chowning,  Coffin,  Cum m ings,  Cypert,  Deaderick,  Dibbrell,  Fen- 
tress,  Finley,  Gibbs,  Gibson,  Heiskell,  Key,  Kirkpatrick,  Kyle, 
Mabry,  McNabb,  Martin,  Netherland,  Nicholson,  Parker,  Porter  of 
Haywood,  Sample,  Seay,  Shepard,  Taylor,  Turner,  Williamson  and 
Wright— 34. 

INTOXICATING   LIQUORS. 

The  Convention  proceeded  to  the  consideration  of  the  special  or- 
der of  the  day — the  motion  of  Mr.  FIELDER — to  reconsider  the 
vote  rejecting  Mr.  Gaut's  amendment  in  relation  to  the  prohibition 
of  the  sale  of  spirituous  liquors  by  a  vote  of  the  citizens  of  towns, 
cities,  and  civil  districts. 

Mr.  CYPERT  demanded  the  yeas  and  nays  on  the  motion  to  re- 
consider, which  were  ordered,  and  the  motion  rejected. 

Yeas 31 

Nays ..  • 37 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Blizard,  Branson,  Britton,  Brooks,  Brown 
of  Henry,  etc.,  Byrne,  Carter,  Coffin,  Deaderick,  Dibbrell,  Doherty, 
Dromgoole,  Fentress,  Fielder,  Gaut,  Gibson,  Heiskell,  Ivie,  Jones 
of  Giles,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Netherland,  Parker, 
Sample,  Shepard,  Staley  and  Wright — 31. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Baxter,  Brandon,  Brown  of  Davidson,  Burton, 
Chowning,  Cummings,  Cypert,  Deavenport,  Gardner,  Garner, 
Gibbs,  Gordon,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House 
of  Williamson,  House  of  Montgomery,  etc.,  Jones  of  Lincoln,  Ken- 
nedy, Key,  McDougal,  Martin,  Meeks,  Morris,  Nicholson,  Porter 
of  Haywood,  Seay,  Shelton,  Stephens,  Taylor,  Thompson  of  David- 
son, Thompson  of  Maury,  Turner,  Walters,  Warner  and  William- 
son— 37. 

ELECTIVE    FRANCHISE. 

Mr.  KIRKPATRICK  called  up  his  motion,  entered  on  yesterday,  to 


331 

take  from  the  table  the  motion  to  reconsider  the  vote  adopting  Sec- 
tion 1,  of  Article  IV. 

Mr.  CYPERT  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  take  from  the  table  the  motion  to  reconsider  was 
adopted. 

Yeas 43 

Nays 25 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Blizard,  Brandon,  Branson,  Britton,  Brooks, 
Brown  of  Henry,  etc.,  Byrne,  Carter,  Chowning,  Coffin,  Cummings, 
Cypert,  Deaderiek,  Dibbrell,  Doherty,  Fentress,  Fielder,  Gibbs, 
Gibson,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Jones  of 
Lincoln,  Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal,  McNabb, 
Martin,  Meeks,  Morris,  Netherland,  Nicholson,  Parker,  Porter  of 
Haywood,  Sample,  Taylor,  Walters,  Warner  and  Williamson — 43. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Bate,  Baxter,  Brown  of  Davidson,  Deavenport, 
Dromgoole,  Finley,  Gardner,  Garner,  Gant,  Gordon,  Heiskell, 
House  of  Williamson,  House  of  Montgomery,  etc.,  Jones  of  Giles, 
Kennedy,  Seay,  Shepard,  Shelton,  Staley  Stephens,  Thompson  of 
Davidson,  Thompson  of  Maury,  Turner  and  Wright — 25. 

Mr.  KENNEDY  demanded  the  yeas  and  nays  on  the  motion  to 
reconsider,  which  were  ordered,  and  the  motion  adopted  : 

Yeas '. 38 

Nays 33 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Blizard,  Brandon,  Branson,  Britton,  Brooks, 
Brown  of  Henry,  etc.,  Carter,  Chowning,  Coffin,  Cummings,  Cypert, 
Deaderiek,  Doherty,  Fentress,  Finley,  Gibbs,  Gibson,  Henderson, 
Hill  of  Warren,  Ivie,  Jones  of  Lincoln,  Key,  Kirkpatrick,  Kyle, 
McDougal,  McNabb,  Martin,  Meeks,  Morris,  Netherland  Parker, 
Sample,  Staley,  Taylor,  Walters,  Warner,  and  Williamson — 38. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Bate,  Baxter,  Brown  of  Davidson,  Burkett,  Bur- 
con,  Byrne,  Deavenport,  Dibbrell,  Dromgoole,  Fielder,  Gardner, 
Garner,  Gaut,  Gordon,  Heiskell,  Hill  of  Gibson,  House  of  William- 
son, House  of  Montgomery,  etc.,  Jones  of  Giles,  Kennedy,  Mabry, 
Nicholson,  Porter  of  Haywood,  Seay,  Shepard,  Shelton,  Stephens, 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner  Wright  and 
President  Brown — 33. 

Mr.  FENTRESS  offered  the  following  in  lieu  of  Section  1,  Ar- 
ticle VI. 


332 

The  following  persons  shall  be  entitled  to  the  exercise  of  the 
Elective  Franchise  in  this  State  : 

1.  Every  free  white  man  of  the  age  of  twenty-one  years,  being 
a  citizen  of  the  United  States  and  resident  of  this  State  for  twelve 
months ;  and  resident  of  the  county  wherein  he  may  offer  his  vote 
sixth  months  next  preceding  the  day  of  election. 

2.  And  if  at  any  time  hereafter  the  right  of  the  States  to  declare 
who  shall  not  be  voters  is  legally  surrendered  to  the  Government  of 
the  United  States,  then  such  other  persons  as  the   United   States 
Government  shall  declare  entitled  to  exercise  the  Elective  Franchise 
in  Tennessee  shall  by  virtue  of  the  same  be  so   entitled,  but  no  fur- 
ther or  otherwise. 

Provided,  That  the  General  Assembly  shall  have  power  to  enact 
laws  requiring  voters  to  vote  in  the  election  precincts  in  which  they 
may  reside,  and  laws  to  secure  the  freedom  of  elections  and  purity 
of  the  ballot  box. 

All  male  persons  of  the  State  shall  be  subject  to  military  duty 
within  such  ages  as  may  be  prescribed  by  law  ;  but  no  one  shall  be 
subject  to  a  poll  tax  who  is  not  legally  entitled  to  vote  in  this  State. 

Mr.  THOMPSON,  of  Davidson,  offered  the  following  in  lieu  of  Mr. 
Fentress'  amendment : 

"  Provided,  That  every  voter  shall  be  required  to  vote  in  the 
Civil  District  or  Ward  in  which  he  resides." 

Mr.  JONES,  of  Lincoln,  moved  to  lay  the  amendment  of  Mr. 
Fentress  on  the  table. 

Mr,  KENNEDY  demanded  the  previous  question. 

Mr.  CYPERT  demanded  the  yeas  and  nays  on  Mr.  Jones'  motion 
to  lay  Mr.  Fentress7  amendment  on  the  table,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 55 

Nays 17 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Branson,  Britton, 
Brooks,  Brown  of  Davidson,  Burkett,  Burton,  Byrne,  Chowning, 
Coffin,  Cypert,  Deaderick,  Dibbrell,  Doherty,  Dromgoole,  Fielder, 
Finley,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Henderson,  Hill  of 
Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of  David- 
son, etc.,  Ivie,  Jones  of  Lincoln,  Kennedy,  Key,  Kirkpatrick,  Kyle, 
McDougal,  McNabb,  Martin,  Meeks,  Morris,  Netherland,  Nichol- 
son, Parker,  Porter  of  Haywood,  Sample,  Seay,  Staley,  Thompson 


333 

of    Davidson,    Thompson  of  Maury,    Turner,    Walters,   Warner, 
Wright  and  President  Brown — 55. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Brown  of  Henry,  etc.,  Campbell,  Carter, 
Cummings,  Deavenport,  Fentress,  Gordon,  Heiskell,  Jones  of  Giles, 
Mabry,  Shepard,  Shelton,  Stephens,  Taylor  and  Williamson — 17. 

POINT   OF    ORDER. 

Mr.  JONES,  of  Giles,  raised  the  following  point  of  order  : 
A  motion  having  been  made  to  reconsider  the  vote  adopting  Sec- 
'tion  1,  Article  IV,  and  that  motion  having  been  laid  on  the  table, 
it  could  only  be  taken  from  the  table  by  a  vote  of  two-thirds  of  the 
Convention,  and  the  motion  of  Mr.  Kirkpatrick  not  having  receiv- 
ed a  two-thirds  vote  failed — and  that  the  vote  subsequently  taken 
to  reconsider,  and  the  reception  and  entertaining  Mr.  Fentress' 
amendment  and  the  vote  thereon  were  all  out  of  order  and  void. 

The  Chair,  Mr.  TURNER  presiding,  decided  the  point  of  order 
well  taken. 

Mr.  JONES,  of  Lincoln,  appealed  from  the  decision  of  the  Chair 
and  demanded  the  yeas  and  nays,  which  were  ordered  and  the  deci- 
sion of  the  Chair  sustained  : 

Yeas 43 

Nays 27 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Brandon,  Branson,  Britton,  Brown  of 
Henry,  etc.,  Burkett,  Burton,  Byrne,  Carter,  Chowning,  Cummings, 
Deavenport,  Doherty,  Dromgoole,  Fentress,  Fielder,  Finley,  Gard- 
ner, Gaut,  Gibson,  Gordon,  Heiskell,  Hill  of  Gibson,  House  of 
Williamson,  House  of  Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Ken- 
nedy, Key,  Kirkpatrick,  Mabry,  Nicholson,  Parker,  Porter  of  Hay- 
wood,  Shepard,  Shelton,  Staley,  Stephens,  Thompson  of  Davidson 
and  Wright— 43. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Bate,  Blizard,  Brcoks,  Brown  of  Davidson, 
Cypert,  Deaderick,  Dibbrell,  Gibbs,  Henderson,  Hill  of  Warren, 
Jones  of  Lincoln,  Kyle,  McDougal,  McNabb,  Martin,  Meeks,  Mor- 
ris, Netherland,  Sample,  Seay,  Taylor,  Thompson  of  Maury,  Walters, 
Warner,  Williamson  and  President  Brown — 27. 

On  motion  of  Mr.  SEAY  the  Convention  adjourned  until  to-mor- 
row morning  at  9J  o'clock. 


334 


THURSDAY  MORNING,  FEBRUARY  17,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 
Prayer  by  the  Rev.  Mr.  INMAN. 
The  Journal  of  yesterday  was  read  and  approved, 

THE   BIBLE   IN   COMMON   SCHOOLS. 

Mr.  SAMPLE  offered  the  following  resolution  : 

Resolved,  That  the  Scriptures  of  the  Old  and  New  Testament  shall 
never  be  prohibited  or  excluded  from  the  Common  Schools  of  this 
State. . 

ADJOURNMENT   SINE   DIE. 

Mr.  BLACKBURN  submitted  the  following  preamble  and  resolu- 
tion : 

WHEREAS,  This  Convention  having  now  already  been  in  session 
for  thirty-four  days,  at  an  expense  to  the  people  of  the  State  of 
twenty  to  thirty  thousand  dollars  (the  purpose  whereof,  the  same 
was  called,  being  to  alter,  amend  or  abolish  the  present  State  Con-, 
stitution,  neither  of  which  has  yet  been  done)  therefore,  be  it 

Resolved,  That  this  Convention  adjourn  sine  die  on  to-morrow, 
Friday,  February,  18th,  1870,  and  that  this  Conventien  be  declared 
as  adjourned  on  that  day. 

Which  resolution  lies  over  under  the  rule. 

PLACE   OF    HOLDING   COURT. 

Mr.  PORTER,  of  Haywood,  offered  the  following  resolution, 
which,  on  his  motion,  wras  referred  to  the  Committee  on  the  Judi- 
ckry  : 

"  The  General  Assembly  shall  hereafter  have  no  power  to  estab- 
lish the  Courts  of  Record,  to  be  held  elsewhere  than  at  the  county 
seat  of  the  county  for  which  such  court  is  to  be  held." 


335 


WHEN    LAWS   TO   TAKE    EFFECT. 

"Mr.  STEPHENS  from  the  Committee  on  the  Legislative  Depart- 
ment made  the  following  report : 
To  the,  PRESIDENT  of  the  Convention  : 

I  am  instructed  by  a  majority  of  the  Committee  on  the  Legisla- 
tive Department  to  report  the  following  amendment  to  Article  II : 

AKTICLE    II. 

Section  32.  No  law  of  a  general  nature  shall  go  into  effect  until 
the  fortieth  day  after  its  passage,  unless  such  law,  or  its  preamble, 
shall  declare  that  the  public  welfare  requires  that  it  should  take 
effect  sooner. 

Respectfully  submitted, 

W.  H.  STEPHENS, 

Chairman,  etc. 

Mr.  GAKDNEK  moved  that  the  Convention  take  up  the  report. 

Mr.  KEY  moved  to  lay  the  amendment  proposed  by  the  Commit- 
tee on  the  table. 

Mr.  GIBSON  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  lay  on  the  table  rejected  : 

Yeas /. .....24 

Nays 48 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blackburn,  Blizard,  Bur- 
kett,  Carter,  Dibbrell,  Doherty,  Hill  of  Warren,  Ivie,  Key,  Kirk- 
patrick,  Mabry,  McDougal,  Martin,  Meeks,  Morris,  Sample,  Staley, 
and  Thompson  of  Maury — 24. 

Those  voting  in  the  negative  are  : 

Messrs.  Brandon,  Branson,  Britton,  Brooks,  Brown  of  Davidson, 
Brown  of  Henry,  etc.,  Burton,  Byrne,  Campbell,  Chowning,  Coffin, 
Cummings,  Cypert,  Deaderick,  Dromgoole,  Fentress,  Fielder,  Fin- 
ley,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Gordon,  Heiskell,  Hen- 
derson, Hill  of  Gibson,  House  of  Williamson,  House  of  Montgom- 
ery, Jones  of  Giles,  Kennedy,  Kyle,  McNabb,  Netherland,  Nichol- 
son, Parker,  Porter  of  Hay  wood,  Seay,  Shepard,  Shelton,  Stephens, 
Taylor,  Thompson  of  Davidson,  Turner,  Walters,  Warner,  William- 
son and  Wright — 48.  - 

Mr.  BURKETT  demanded  the  previous  question,  which  was  sus- 
tained, and  the  amendment  reported  by  the  Committee  was  adopted 
without  a  division. 


336 


MISCELLANEOUS. 


On  motion  of  Mr.  KEY,  the  Convention  proceeded  to  the  con- 
sideration of  the  report  of  the  Committee  on  Miscellenaeous  Mat- 
ters. 

Mr.  JONES,  of  Giles,  offered  the  following  amendment  to  the 
first  amendment  proposed  by  the  Committee  : 

After  the  word  "cast"  insert,  "  which  shall  be  a  majority  of  all 
the  votes  in  the  last  election  for  Governor  preceding  the  vote,"  so 
that  the  section  will  read  :  "  The  Legislature  shall  have  the  right, 
at  any  time,  by  law,  to  submit  to  the  people  the  question  of  calling 
a  Convention  to  alter,  reform,  or  abolish  this  Constitution,  and 
when,  upon  such  submission,  a  majority  of  all  the  votes  cast,  and 
which  shall  be  a  majority  of  all  the  votes  cast  in  the  last  election 
for  Governor  preceding  the  vote,  shall  be  in  favor  of  said  proposi- 
tion, then  delegates  shall  be  chosen,  and  the  Convention  shall  as- 
semble in  form,  mode  and  manner  as  shall  be  prescribed." 

Mr.  BURKETT  demanded  the  previous  question,  which  was  sus- 
tained. 

Mr.  JONES'  amendment  was  rejected. 

The  amendment  of  the  Committee  to  Section  3,  Article  XI,  was 
adopted. 

Yeas  ......  ......  .......  .........  .........................................  37 

Nays.  .......................  ...  ..........................................  32 

Those  voting  in  the  affirmative  are  : 

Messrs.  Blackburn,  Branson,  Brooks,  Brown  of  Davidson,  Brown 
of  Henry,  etc.,  Byrne,  Carter,  Chowning,  Dibbrell,  Fielder,  Finley, 
Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Hill  of  Warren,  House  of 
Williamson,  House  of  Montgomery,  etc.,  I  vie,  Jones  of  Giles,  Key, 
Kirkpatrick,  Mabry,  McDougal,  Martin,  Meeks,  Porter  of  Hay- 
wood,  Porter  of  Henry,  Sample,  Seay,  Staley,  Taylor,  Turner, 
Warner  and  Wright  —  37. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Brandon,  Britton, 
Burkett,  Burton,  Campbell,  Coffin,  Cummings,  Cypert,  Deaderick. 
Doherty,  Dromgoole,  Fentress,  Gordon,  Heiskell,  Henderson,  Hill 
of  Gibson,  Kennedy,  Kyle,  McNabb,  Morris,  Netherland,  Nichol- 
son, Parker,  Shepard,  Shelton,  Stephens,  Thompson  of  Davidson, 
Thompson  of  Maury,  and  Walters  —  32. 

Mr.  GIBSON  offered  the  following  in  lieu  of  the  section  reported 
by  the  Committee,  to  follow  Section  5  : 

"  The  Legislature  shall  have  no  power  to  pass  special  acts  chang- 


337 

ing  the  names  of  persons,  or  for  the  adoption  or  legitimation  of 
persons,,  or  establishing  fish  traps  or  ferries,  or  remitting  or  releas- 
ing penalties  due  or  accruing  to  the  State,  but  shall  by  general  laws 
confer  this  power  on  the  courts." 

Which  was  rejected  by  the  Convention. 

Mr.  BLACKBURN  demanded  the  yeas  and  nays  on  the  adoption 
of  the  section  as  reported  by  the  Committee,  which  were  ordered, 
and  the  section  adopted. 

Yeas 43 

Nays 26 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Branson,  Britton, 
Brooks,  Brown  of  Davidson,  Burkett,  Carter,  Coffin,  Cummings, 
Cypert,  Deaderick,  Dromgoole,  Gibson,  Gordon,  Heiskell,  Hill  of 
Gibson,  House  of  Williamson,  House  of  Montgomery,  etc.,  Ivie,  Jones 
of  Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle,  Mabry,  McDougal, 
McNabb,  Meeks,  Morris,  Netherland,  Nicholson,  Parker,  Seay, 
Shepard,  Shelton,  Stephens,  Taylor,  Thompson  of  Maury,  and 
Turner— 43. 

Those  voting  in  the  negative  are : 

Messrs.  Blackburn,  Brandon,  Brown  of  Henry,  etc.,  Burton, 
Byrne,  Campbell,  Chowning,  Dibbrell,  Doherty,  Fentress,  Fielder, 
Finley,  Gardner,  Garner,  Gaut,  Gibbs,  Hill  of  W'arren,  Martin, 
Porter  of  Hay  wood,  Porter  of  Henry,  Sample,  Staley,  Thompson  of 
Davidson,  Walters,  Warner  and  Wright — 26. 

Section  — ,  to  follow  Section  11,  as  reported  by  the  Committee, 
was  adopted  without  a  division. 

Mr.  KEY  moved  to  reconsider  the  vote  adopting  the  section, 
which  was  adopted. 

Mr.  JONES,  of  Giles,  offered  the  following  in  lieu  of  the  report 
of  the  Committee. 

ARTICLE  --. 

AMENDMENT   IN    LIEU. 

Any  person  holding  office  under  the  laws  of  this  State  who,  ex- 
cept in  payment  of  his  legal  salary,  fees  or  perquisites,  receives,  or 
consents  to  receive  directly  or  indirectly,  anything  of  value  or  of 
personal  advantage,  or  the  promise  thereof,  for  performing  any  offi- 
cial act,  or  with  the  express  or  implied  understanding  that  his 
official  actions,  or  omission  to  act,  is  to  be  in  any  degree  influenced 
thereby,  shall  be  deemed  guilty  of  a  felony,  and  on  conviction  shall 
22 


338 

be  punished  by  imprisonment  in  a  State  prison  for  a  term  not  ex- 
ceeding five  years,  or  by  a  fine  not  exceeding  five  thousand  dollars, 
or  both,  in  the  discretion  of  the  court.  This  section  shall  not  affect 
the  validity  of  any  existing  statutes  in  relation  to  the  offence  of 
bribery. 

Mr.  GIBSON  offered  the  following  in  lieu  of  Mr.  Jones'  amend- 
ment : 

"  No  State  officer,  or  member  of  the  Legislature,  shall  directly  or 
indirectly  act  as  counsel,  agent,  or  attorney,  in  the  prosecution  of 
any  claim  against  the  State,  or  in  advocating  any  measure  in  either 
House  of  the  Legislature." 

Which  was  rejected  by  the  Convention. 

Mr.  HOUSE,  of  Williamson,  offered  the  following  amendment: 

Insert  after  the  word  "  receive,"  in  second  line,  the  words,  "  in 
consideration  of  being  such  member  or  officer ;"  and  strike  out  all 
after  the  word  "  corporation  "  in  third  line. 

Mr.  ALLEN  moved  to  lay  the  original  proposition,  and  all  pend- 
ing amendments,  on  the  table. 

Mr.  CYPKRT  demanded  the  yeas  and  nays,  which  were  ordered,, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas ." 40 

Nays 28 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Blizard,  Brandon,  Britton, 
Brooks,  Brown  of  Henry7  etc.,  Burkett,  Burton,  Campbell,  Carter,, 
Chowning,  Cummings,  Cypert,  Deaderick,  Doherty,  Dromgoole, 
Gibbs,  Heiskell,  Henderson,  Hill  of  Gibson,  Ivie,  Kennedy,  Key, 
Kirkpatrick,  Kyle,  Mabry,  McDougal,  McNabb,  Meeks,  Nicholson,, 
Porter  of  Hay  wood,  Seay,  Shelton,  Stephens,  Thompson  of  David- 
son, Thompso'n  of  Maury,  Walters  and  Williamson — 40. 

Those  voting  in  the  negative  are : 

Messrs.  Blackburn,  Branson,  Byrne,  Coffin,  Dibbrell,  Fentress, 
Fielder,  Finley,  Gardner,  Garner,  Gaut,  Gibson,  Gordon,  Hill  of 
Warren,  House  of  Williamson,  Jones  of  Giles,  Martin,  Morris, 
Netherland,  Parker,  Porter  of  Henry,  Sample,  Shepard,  Staley, 
Taylor,  Turner,  Warner  and  Wright — 28. 

Mr.  PORTER,  of  Haywood,  proposed  to  amend  the  section  re- 
ported by  the  Committee  in  relation  to  a  homestead,  by  striking 
out  the  words  "  one  thousand  "  and  inserting  "  five  hundred." 

On  motion  of  Mr.  GIBBS,  the  amendment  was  laid  on  the  table. 

Mr.  GIBBS  offered  the  following  amendment : 

Strike  out  "  to  the  value  of  not  less  than  one  thousand  dollars," 


339 

and  in-ert,  "  to  tin-  extent  of  lid y   acres   of  hind    ont-ide   of  corpo- 
ra ted  (owns,  or  one  !o\vn  lot  not  exceeding  one  aere." 

Mr.  PoliTl-:i:,  of  Ilaywod,  moved  to  hiy    tin:    amendment,  on    the 
table,  :t!i(l  demanded  tin;  yeas  and  nays,  whieh   were  order*  d,  and 

the  motion  s.n-tained. 

57 

Naya 8 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  A  Hedge,  Hate.,  Baxter,  Bli/anI,  lirandon, Bran-.  ,. 
Jlritton,  IJrooks,  lirown  of  David-on,  Brown  of  Henry,  etc,'.,  Burton, 
JJvrne,  ( 'amph'-ll,  Carter,  Chowning,  Coffin,  CummingH,  (Jypert, 
I)e;iderieJ<,  I)ihf)re!l,  Drorngooh^  Fcnfrey..s,  l''ir-l<ler,  Finley,  Gard- 
ner, (iarner,  Cant,  Cih-on,  (iordon,  Ileiskell,  Hill  of  Wan-en, 
Jlou-f  of  Williamson,  House  of  Davidson,  etc.,  Ivie,  Jones  of  Giles, 
Kennedy,  Kirpsitri<-k,  Kyle,  Mabry,  McDougal,  McNabh,  M< 
Morris,  NelherJand,  Niehol-on,  1'ori.erof  I  lay  wood,  Sample,  Seay, 
Shepard,  Slielton,  Stalev,  Turner,  \\'alte-r.s,  Warner,  Williamson  and 
Wright— 57. 

Those  voting  in  th<-  negative  are : 

Me-sr-.  Doherty^  Gibbs,  11  enderson,  Hill  of  Gibson,  Key,  Mar- 
tin, Porter  of  Henry,  etc.   and  Thompson  of  Maury — 8. 

Mr.  HILL,  of  Gibson,  offered  the  following  amendment: 
Add  to  the  end  of  the  Section  : 

"  Tho  LeMi-latiire  may  increase  the  amount  of  this  exemption." 
M  r.  -  -  moved  to  lay  the  amendment  on  the  table. 

Mr.  SIIEPAED  demanded  the  yeas  and  nays,  which  were  order- 
«-d,  and  tin;  motion  to  lay  on  the  table  sustained. 

Yeas 44 

Nays 24 

Those:  voting  in  tin-  affirmative  are: 

Messrs.  Allen,  A  Hedge,  Bate,  Baxter,  Branson,  Britton,  Brooks, 
liro-.vn  of  Davidson,  Brown  of  Henry,  ete.,  JJurkett,  Byrne,  Camp- 
hell,  Carter,  Chowning,  Coffin,  dimming,  rypert,  Deaderick,  Dib- 
brell,  Dolie  ty,  Dromgooh,  Pentress,  Fielder,  Gardner,  (.iaut,  Gib- 
son,  House  of  Williamson,  Hon-e  of  Montgomery,  etc.,  Jon*  -  of 
(iile-,  Kennedy,  M^Dongal,  MeXahh,  Parker,  Porter  of  Haywood, 
Porter  of  Henry,  Sample,  Shepard,  Staley,  Stephens,  Tlirmip-on  of 
i,  rj'nrner,  Walters,  Williamson  and  Wright — 44. 

Tho--e  voting  in  the  negative  are: 

Messrs.  Brandon,  Burton,  Finley,  Garner,  Gibbs,  Gordon,  Jl 


340 

kell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Key,  Kirk- 
patrick,  Kyle,  Mabry,  Martin,  Meeks,  Morris,  Netherland,  Nichol- 
son, Seay,  Shelton,  Thompson  of  Maury  and  Warner — 24. 

Mr.  TURNER  offered  the  following  in  lieu  of  the  amendment  re- 
ported by  the  Committee  : 

'  A  homestead  in  the  possession  of  each  head  of  a  family,  and  the 
improvements  thereon,  to  the  value  in  all  of  one  thousand  dollars 
shall  be  exempt  from  5>ale  under  legal  process  during  the  life  of  such 
head  of  a  family,  to  inure  to  the  benefit  of  the  widow,  and  shall  be 
exempt  during  the  minority  of  their  children  occupying  the  same. 
Nor  shall  said  property  be  alienated  without  the  joint  consent  of 
husband  and  wife,  when  that  relation  exists.  This  exemption  shall 
not  affect  debts  contracted  before  the  adoption  of  this  Constitution, 
nor  debts  contracted  for  the  purchase  or  improvement  of  said  lot, 
nor  public  taxes. 

Which  was  received  by  the  Convention  in  lieu  of  the  report  of 
the  Committee,  and  the  section  as  thus  amended  adopted. 

To  the  Section  reported  by  the  Committee  to  prevent  marriage 
between  whites  and  blacks,  Mr.  FENTRESS  offered  the  following 
amendment : 

Insert  after  the  word  prohibited,  in  the  second  line  of  4th  inde- 
pendent section  of  Committee  on  Miscellaneous  Business,  the  fol- 
lowing words : 

No  negro,  mulatto,  or  mustee  shall  be  allowed  to  sit  on  Juries 
or  hold  office  in  this  State." 

It  will  then  read  as  follows : 

"  The  intermarriage  of  white  persons  with  negroes,  mulattoes  or 
persons  of  mixed  blood,  descended  from  a  negro,  to  the  third  gene- 
ration inclusive,  is  prohibited.  And  no  negro,  mulatto  or  mustee 
shall  be  allowed  to  sit  on  juries  or  hold  office  in  this  State." 

Mr.  BLIZARD  moved  to  lay  the  amendment  on  the  table. 
Mr.  GARNER  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  lay  on  the  table  rejected  : 

Yeas 13 

Nays 57 

Those  voting  in  the  affirmative  are  : 

Messrs.  Baxter,  Blizard,  Bramson,  Burkett,  Coffin,  Cypert,  Dead- 
erick,  Gaut,  Gibson,  Heiskell,  Hill  of  Warren,  Key  and  Parker — 13. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Bate,  Blackburn,  Brandon,  Britton,  Brooks,  Brown 
of  Davidson,  Brown  of  Henry,  etc.,  Burton,  Byrne,  Campbell,  Car- 


341 

ter,  Chowning,  Cummings,  Dibbrell,  Doherty,  Dromgoole,  Fentress, 
Fielder,  Finley,  Gardner,  Garner,  Gibbs,  Gordon,  Henderson,  Hill 
of  Gibson,  House  of  Williamson,  House  of  Davidson,  etc.,  Ivie, 
Jones  of  Giles,  Kennedy,  Kirkpatrick,  Kyle,  Mabry,  MeDougal, 
McNabb,  Martin,  Meeks,  Morris,  Netherland,  Nicholson,  Porter  of 
Hay  wood,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Shelton,  Sta- 
ley,  Stephens,  Taylor,  Thompson  of  Davidson,  Thompson  of  Maury, 
Turner,  Walters,  Warner,  Williamson  and  Wright — 57. 

Mr.  FEXTBESS  demanded  the  yeas  and  nays  on  the  adoption  of 
his  amendment,  which  were  ordered,  and  the  amendment  rejected. 

Yeas 29 

Nays 39 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Brooks,  Brown  of  Henry,  etc., 
Burton,  Campbell,  Carter,  Chowning,  Cummings,  Dromgoole,  Fent- 
ress, Fielder,  Gardner,  Heiskell,  Hill  of  Gibson,  House  of  Mont- 
gomery, etc.,  Ivie,  Kennedy,  Meeks,  Porter  of  Henry,  Seay,  Shep- 
ard, Shelton,  Stephens,  Taylor,  Turner,  Wright  and  Williamson 
—29. 

Those  voting  in  the  negative  are : 

Messrs,  Baxter,  Blizard,  Brandon,  Branson,  Britton,  Burkett, 
Byrne,  Coffin,  Cypert,  Deaderick,  Dibbrell,  Dohertj,  Finley,  Gar- 
ner, Gaut,  Gibbs,  Gibson,  Gordon,  Henderson,  Hill  of  Warren, 
House  of  Williamson,  Key,  Kirkpatrick,  Kyle,  Mabry,  MeDougal, 
McNabb,  Martin,  Morris,  Netherland,  Nicholson,  Parker,  Porter  of 
Haywood,  Sample,  Staley,  Thompson  of  Davidson,  Thompson  of 
Maury,  Waiters  and  Warner^-39. 

The  Convention  took  a  recess  until  2J  o'clock  P.  M. 


AFTERNOON  SESSION. 


Mr.  DROMGOOLE  offered  the  following  amendment : 

After  the  word  "  prohibited  "  insert   "  or  the  living  together  as': 
man  and  wife  in  this  State." 


342 

Which  was  adopted,  and  the  Section  as  thus  amended  was  adopt- 
ed by  the  Convention. 

The  amendment,  recommended  by  the  Committee,  to  Article  II, 
Section  25,  having  been  incorporated  in  another  part  of  the  Consti- 
tution, was  passed  over  informally. 

Section  1,  Article  VII,  reported  by  the  Committee  in  lieu  was 
taken  up,  when 

Mr.  TAYLOR  offered  the  following  amendment : 

Insert  after  "  Register "  in  second  line,  "  and  one  Trustee " 
and  insert  after  "  Register"  where  it  appears  in  second  place  in  2d 
line  the  words  "  and  Trustee." 

Mr.  HOUSE,  of  Montgomery,  etc.,  offered  the  following  in  lieu  of 
Mr.  Taylor's  : 

But  the  Legislature  may  authorise  any  of  the  counties  to  elect  a 
County  Trustee,  to  hold  his  office  ftr  two  years. 

Messrs.  TAYLOR  and  HOUSE  subsequently  withdrew  their  amend- 
ments : 

Mr.  KIRKPATRICK  submitted  the  following  amendment : 

Strike  out  in  second  line  after  the  word  "for"  the  word  "  two" 
and  insert  "  four."  Strike  out  at  end  of  third  line  "  six "  and  in- 
sert "four  "  in  lieu  thereof, 

So  that  the  Section  will  read  : 

Section  1.  There  shall  be  elected  in  each  county,  by  the  qualified 
voters  therein,  one  Sheriff,  one  Register ;  the  Sheriff  for  four  years 
and  the  Register  for  four  years;  Provided,  That  no  person  shall  be 
eligible  to  the  office  of  Sheriff  more  than  four  years  in  any  term  of 
eight  years. 

Mr.  KIRKPATRICK  subsequently  withdrew  his  amendment. 

Mr.  JONES,  of  Giles,  moved  to  lay  the  amendment  proposed  by 
,  the  Committee  on  the  table,  which  was  adopted ;  thereupon, 

,Mr.  JONES,  of  Giles,  proposed  to  re-adopt  Section  1,  of  Article 
'VII,  of  the  Constitution,  and  it  was  accordingly  adopted. 

Mr.(  JONES,  of  Giles,  offered  the  following  amendment  to  Section 
:  2,, Article  VII,  of  the  Constitution  of  1834: 

^  When  any  vacancy  shall  occur  otherwise  than  by  expiration  of 
•  term  in  the  office  of  Judge  or  Attorney  General,  except  the  Attor- 
ney-General for  the  State,  the  same  shall  be  filled  for  a  full  term  at 
the.  next  General  election  happening  not  less  than  thirty  days  after 
such -vacancy  .occurs.  And  until  the  vacancy  shall  be  so  filled,  the 
,  by  and  with,  the  advice  and  consent  of  the  Senate,  if  the 


343 

Senate  shall  be  in  session,  or  if  not,  the  Governor  alone  may  ap- 
point to  fill  such  vacancy.  If  the  vacancy  occurs  in  the  Supreme 
Court,  the  powers  and  jurisdiction  of  the  Court  shall  not  be  sus- 
pended for  want  of  appointment  or  election  when  the  number  of 
Judges  is  sufficient  to  constitute  a  quorum." 

Mr.  BAXTER  moved  to  lay  the  amendment  on  the  table. 
Mr.  JONES  of  Giles,  demanded  the  yeas  and  nays,  which  were  or- 
dered, and  the  motion  to  lay  on  the  table  was  sustained. 

Yeas 53 

Kays 1.7 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Baxter,  Blackburn,  Blizard,  Brandon, 
Branson,  Britton,  Brooks,  Brown  of  Henry,  etc.,  Burkett,  Burton, 
Byrne,  Carter,  Chowning,  Cummings,  Deaderick,  Dibbrell,  Doherty, 
Dromgoole,  Fielder,  Finley,  Gardner,  Garner,  Gaut,  Gibbs,  Gib- 
son, Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House 
of  Williamson,  House  of  Montgomery,  etc.,  Kirkpatrick,  Kyle, 
McDougal,  McNabb,  Martin,  Meeks,  Morris,  Nicholson,  Parker, 
Porter  of  Henry,  Sample,  Seay,  Shepard,  Shelton,  Taylor,  Turner, 
Walters,  Warner,  Williamson  and  Wright — 53. 

Those  voting  in  the  negative  are  : 

Messrs.  Bate,  Brown  of  Davidson,  Campbell,  Coffin,  Cypert, 
Fentress,  Gordon,  Jones  of  Giles,  Kennedy,  Key,  Mabry,  Nether- 
land,  Porter  of  Haywood,  Staley,  Stephens,  Thompson  of  David- 
son, and  Thompson  of  Maury — 17. 

Mr.  FENTRESS  proposed  to  amend  by  adding  to  the  end  of  the 
section  "  occurring  not  less  than  forty  days  thereafter,"  which  was 
rejected,  and  the  section  as  it  is  in  the  present  Constitution  adopted. 

Section  3,  Article  VII,  was  amended  by  inserting  "  and  Comp- 
troller "  after  the  word  u  Treasurer,"  and  by  striking  out  the  words 
"  his  or  "  in  the  third  line,  and  as  thus  amended  was  adopted  by 
the  Convention. 

Section  4,  Article  VII,  was  amended  by  striking  out  the  words 
"  that  may  happen  by  death,  resignation  or  removal,"  and  as  thus 
amended  was  adopted  by  the  Convention. 

Section  5,  Article  VII,  was  amended  by  substituting  the  Report 
of  the  Committee  on  the  Judiciary  as  follows  : 

Elections  for  Judicial  and  other  civil  officers  shall  be  held  on  the 
first  Thursday  in  August,  1870,  and  iorever  thereafter  on  the  first 
Thursday  in  August  next  preceding  the  expiration  of  their  respec- 
tive terms  of  service. 


344 

The  term  of  each  officer  so  elected  shall  be  computed  from  the 
first  day  of  September  next  succeeding  his  election. 

And  as  thus  amended,  was  adopted  by  the  Convention. 

Paragraphs.  The  term  of  office  of  the  Governor  and  other  ex- 
ecutive Officers,  shall  be  computed  from  the  15th  of  January  next 
after  the  election  of  Governor,  and 

No  appointment  or  election  to  fill  a  vacancy  shall  be  made  for  a 
period  extending  beyond  the  unexpired  term,  and 

Every  officer  shall  hold  his  office  until  his  successor  is  elected  or 
appointed  or  qualified,  were  adopted  by  the  Convention  as  reported 
by  the  Committee  on  the  Judiciary. 

Mr.  MoDotJGAL  moved  to  amend  the  paragraph  in  relation  to 
filling  vacancies  in  the  office  of  Judge,  etc.,  by  striking  out  the 
words  "  time  herein  fixed  for  the  general  elections  of  civil  officers  " 
and  inserting  "  time  of  the  biennial  elections  of  civil  officers,"  which 
was  adopted. 

Mr.  FENTRESS  moved  to  amend  by  adding  "occurring  not  less 
than  forty  days  thereafter." 

On  motion  of  Mr.  PORTER,  of  Hay  wood,  the  amendment  of  Mr. 
Fentress  was  laid  on  the  table. 

The  paragraph  as  amended  by  Mr.  McDougaPs  amendment  was 
then  adopted  by  the  Convention. 

The  Report  of  the  Committee  on  Miscellaneous  Provisions  in  re- 
lation to  the  preservation  of  game  and  fish  was  taken  up,  when  Mr. 
MORRIS  demanded  the  yeas  and  nays  on  the  adoption  of  the  section 
reported  by  the  Committee,  which  were  ordered  and  the  section 
adopted. 

Yeas 42 

Nays 29 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Blizard,  Brandon,  Brown  of 
Henry,  etc.,  Burkett,  Byrne,  Campbell,  Chowning,  Coffin,  Cypert, 
Deader ick,  Dromgoole,  Fentress,  Garner,  Gaut,  Heiskell,  Hender- 
son, House  of  Williamson,  Jones  of  Giles,  Key,  Kyle,  Mabry,  Mc- 
Dougal,  Martin,  Netherland,  Nicholson,  Parker,  Porter  of  Hay  wood, 
Porter  of  Henry,  Seay,  Shepard,  Shelton,  Thompson  of  Davidson, 
Thompson  of  Maury,  Turner,  Walters,  Warner,  Williamson, 
Wright  and  President  Brown — 42. 

Those  voting  in  the  negative  are : 

^Messrs.  Baxter,  Blackburn,  Branson,  Britton,  Brooks,  Brown  of 


345 

Davidson,  Carter,  Cumraings,  Dibbrell,  Doherty,  Fielder,  Finley, 
Gardner,  Gibbs,  Gibson,  Gordon,  Hill  of  Warren,  Hill  of  Gibson, 
House  of  Montgomery,  etc.,  Ivie,  Kennedy,  Kirkpatrick,  McNabb, 
Mocks,  Morris,  Sample,  Staley,  Stephens  and  Taylor — 29. 

Mr.  BLIZARD  moved  to  lay  the  section  reported  by  the  Commit- 
tee, authorizing  the  receipt  of  the  due  coupons  of  the  bonds  of  the 
State  for  taxes,  on  the  table.  t 

Mr.  TURNER  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas '. 54 

Nays ' 17 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Blackburn,  Blizard,  Brandon, 
Branson,  Britton,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Camp- 
bell, Carter,  Chowning,  Coffin,  Cummings,  Deaderick,  Dibbrell, 
Doherty,  Dromgoole,  Fielder,  Gardner,  Gaut,  Gibbs,  Gibson,  Heis- 
kell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Wil- 
liamson, Ivie,  Jones  of  Giles,  Kirkpatrick,  Kyle,  Mabry,  McDougal, 
McNabb,  Martin,  Meeks,  Morris,  Netherland,  Nicholson,  Parker, 
Porter  of  Henry,  Sample,  Seay,  Shepard,  Shelton,  Staley,  Stephens, 
Taylor,  Thompson  of  Maury,  Warner  and  Williamson — 54. 

Those  voting  in  the  negative  are : 

Messrs.  Brooks,  Brown  of  Davidson,  Byrne,  Cypert,  Fentress, 
Finley,  Garner,  Gordon,  House  of  Montgomery,  etc.,  Kennedy, 
Key,  Porter  of  Hay  wood,  Thompson  of  Davidson,  Turner,  Walt- 
ers, Wright  and  President  Brown — 17. 

Mr.  CYPERT  submitted  the  following  proviso  to  be  attached  to 
the  amendment  adopted  to  Section  3  of  Article  XI : 

Provided,  That  nothing  contained  in  this  section  shall  be  so  con- 
strued as  to  deprive  the  people  in  their  sovereign  capacity  from  ex- 
ercising the  inherent  right  to  alter,  reform  change  or  abolish  this 
Constitution,  as  declared  in  the  Bill  of  Rights,  independent  of  any 
legislative  authority. 

Which  lies  over  until  to-morrow. 

Mr.  THOMPSON,  of  Davidson,  submitted  the  following  independ- 
ent section : 

The  due  coupon  bonds  of  the  State  legally  issued  prior  to  the 
year  1861,  shall  be  received  at  par  after  January  1st,  1871,  for  all 
taxes  or  other  dues  to  the  State;  Provided,  That  this  section  shall 
not  apply  during  a  rebellion  or  invasion  of  the  State. 

The  consideration  of  which  was  postponed  until  to-morrow. 
Mr.  WARNER  offered  the  following  as  an  independent  section  : 


346 

Sec.  — .  That  when  any  amendment  or  amendments  to  the  Con- 
stitution of  the  United  States  shall  be  proposed  to  the  several  States 
thereof  for  ratification,  no  Legislature  or  Convention  of  this  State 
shall  ever  ratify  or  reject  such  amendment  or  amendments,  unless 
the  Legislature  or  Convention  shall  have  been  elected  by  the  people 
*of  this  State  after  the  period  of  time  when  the  Congress  or  Con- 
vention of  the  United  States  shall  have  proposed  such  amendment 
-or  amendments  to  the  several  States  for  ratification. 

The  consideration  of  the  proposed  section  was  postponed  until  to- 
morrow. 

Mr.  TAYLOR  moved  that  the  Convention  adjourn  until  7  o'clock 
P.  M.,  which  was  rejected. 

On  motion  of  Mr.  STEPHENS,  it  was  ordered  that  the  hour  of 
meeting  hereafter  be  9  o'clock  A.  M.,  take  a  recess  at  1  p.  M.,  meet 
again  at  2,  and  sit  as  long  in  the  afternoon  as  practicable. 

Mr.  THOMPSON,  of  Davidson,  moved  that  the  Convention  adjourn 
' until  9  o'clock  to-morrow  morning. 

Mr.  BAXTER  demanded  the  yeas  and  nays,  which  were  ordered., 
and  the  motion  to  adjourn  adopted. 

Yeas 40 

Nays 27 

Those  voting  in  the  affirmative  are: 

Messrs.  Arledge,  Blackburn,  Branson,  Brooks,. Brown  of  David- 
son, Brown  of  Henry,  etc.,  Burton,  Byrne,  Campbell,  Chowning, 
Coffin,  Cuinmings,  Cypert,  Dibbrell,  Doherty,  Fen  tress,  Gardner, 
Gibbs,  Gordon,  House  of  Montgomery,  etc.,  Key,  Kyle,  Mabry, 
Martin,  Morris,  Netherland,  Nicholson,  Porter  of  Hay  wood,  Porter 
of  Henry,  Sample,  Seay,  Shepard,  Shelton,  Stephens  Taylor, 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Walters 
and  Wright — 40. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Britton,  Burkett,  Carter, 
Deaderick,  Dromgoole,  Fielder,  Garner,  Gaut,  Gibson,  Heiskell, 
Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of  William- 
son, Ivie,  Kennedy,  Kirkpatrick.  McDougal,  McNabb,  Meeks^ 
Parker,  Warner  and  President  Brown-^-27, 


347 


FRIDAY  MORNING,  FEBRUARY  18,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  'President 
BROWN  in  the  Chair. 

The  Journal  of  yesterday  was  read  and  approved. 

RESOLUTIONS,    MEMORIALS   AND    PETITIONS. 

Mr.  ALLEN  offered  the  following  resolution : 

Resolved,  That  this  Contention  proceed  at  once,  without  regard 
to  the  report  of  any  committee  or  committees,  to  the  consideration 
seriatim,  of  the  various  sections  of  the  several  articles  of  the  Consti- 
tution adopted  in  1834,  that  have  not,  as  yet,  been  adopted,  amended 
or  rejected  by  this  Convention. 

Which  lies  over  under  the  rule. 

Mr.  DROMGOOLE  submitted  the  following  resolution : 

Resolved,  That  all  the  revenues  of  this  State,  after  defraying  the 
current  expenses  of  government,  and  except  the  appropriations  per- 
mitted by  this  Constitution  to  be  applied  to  educational  purposes, 
shall  be  applied  to  the  payment  of  the  just  debts  of  the  State,  and 
no  other  application  of  its  revenues  shall  be  made  until  the  debts  of 
the  State  are  paid. 

Which  lies  over  under  the  rule. 

Mr.  DOHERTY  submitted  the  following  resolution : 

Resolved,  That  the 'Counties  of  Carroll/Gibson  and  Lauderdale, 
on  the  line  of  the  Tennessee  Central  railroad,  be  excepted  from  the 
provisions  in  the  Constitution  requiring  three-fourths  of  those  vot- 
ing in  any  county  to  authorize  subscriptions  to  the  stock  of  any 
railroad  company. 

Which  lies  over  under  the  rule. 

Mr.  THOMPSON,  of  Davidson,  presented  a  memorial  from  a  num- 
ber of  Hebrew  citizens,  praying  that  they  be  allowed  to  observe 
their  own  Sabbath.  Which  was  read  and  referred  to  the  Committee 
on  the  Judiciary. 

Mr.  GIBSON  offered  the  following  as  an  independent  •  section  to 
Article  XI  : 

All  the  ivvenue  derived  from  the  tax  on  polls,  and  such   other 


348 

revenues  as  the  Legislature  may  irom  time  to  time  designate,  shall 
be  set  apart  for  the  support  of  common  schools,  and  shall  never  be 
applied  to  any  other  purpose. 

Mr.  SEAT  offered  the  following  as  an  independent  section  to  Ar- 
ticle II : 

No  county  which  has  a  representative  at  the  date  of  the  ratifica- 
tion of  this  Constitution,  shall  ever  be  deprived  thereof,  under  any 
apportionment  made  hereafter  under  the  provisions  of  this  Consti- 
tution. 

REPORT     ON    ORDINANCE. 

Mr.  NICHOLSON,  from  the  Committee  on  Elections  and  Suffrage, 
made  the  following  report : 

The  Committee  have  considered  an  ordinance  presented  to  the 
Convention  by  Mr.  Turner,  of  Sumner  county,  and  have  instructed 
me  to  recommend  its  adoption,  with  certain  immaterial  amendments. 
The  ordinance,  as  amended  and  recommended  for  adoption,  is  as 
follows : 

ORDINANCE. 

1st.  Be  it  ordained  by  the  Convention,  That  it  shall  be  the  duty  of 
the  several  officers  of  the  State,  authorized  by  law,  to  hold  elections 
for  members  of  the  General  Assembly  and  other  officers,  to  open 
and  hold  an  election,  at  the  place -of  holding  said  elections  in  their 
respective  counties,  on  the  fourth  Saturday  in  March,  1870,  for  the 
purpose  of  receiving  the  votes  of  such  qualified  voters  as  may  desire 
to  voi:e  for  the  ratification  or  rejection  of  the  Constitution  recom- 
mended by  this  Convention.  And  the  qualification  of  voters  in 
said  election  shall  be  the  same  as  that  required  in  the  election  of 
delegates  to  this  Convention. 

2d.  It  shall  be  the  duty  of  said  returning  officers,  in  each  county 
in  the  State,  to  enroll  the  name  of  each  voter  on  the  poll-books 
prepared  for  said  election,  and  shall  deposit  each  ballot  in  the  ballot 
boxes  respectively.  Each  voter,  who  wishes  to  ratify  the  new  Con- 
stitution, shall  have  written  or  printed  on  his  ticket  the  words, 
"  New  Constitution,"  or  words  of  like  import ;  and  each  voter,  who 
wishes  to  vote  against  the  ratification  of  the  new  Constitution  shall 
have  written  or  printed  on  his  ticket  the  words,  "Old  Constitu- 
tion," or  words  of  like  import. 

3d.  The  election  shall  be  held,  and  the  judges  and  clerks  shall  be 
appointed,  as  in  the  case  of  the  election  of  the  members  of  the 
General  Assembly,  and  the  returning  officers,  in  the  presence  of  the 
judges  or  inspectors,  shall  count  the  votes  given  for  the  new  Con- 
stitution, and  those  given  for  the  old  Constitution,  of  which  they 
shall  keep  a  correct  estimate  in  said  poll-books.  They  shall  deposit 


349 

the  original  poll-books  of  said  election  with  the  Clerks  of  the 
County  Courts,  in  the  respective  counties,  and  shall,  within  five 
days  after  the  election,  make  out  accurate  statements  of  the  number 
of  votes  polled  in  their  respective  counties  for  and  against  the  new 
Constitution,  and  immediately  forward,  by  mail,  one  copy  of  said 
certificates  to  the  Governor,  and  one  to  the  Secretary  of  State.  So 
soon  as  the  poll-books  are  deposited  with  the  County  Clerks,  they 
shall  certify  to  the  Secretary  of  State  an  accurate  statement  of  the 
number  of  votes  cast  for  and  against  the  new  Constitution,  as  it  ap- 
pears on  said  poll-books.  And  if  any  of  said  returning  officers 
shall  fail  to  make  the  return  herein  provided  for  within  the  time 
required,  the  Secretary  of  State  shall  be  authorized  to  send  special 
messengers  for  the  result  of  the  vote  in  those  counties  whose  offi- 
cers have  so  failed  to  make  returns. 

4th.  Upon  the  receipt  of  said  returns,  it  shall  be  the  duty  of  the 
Governor,  Secretary  of  State,  and  the  President  of  this  Convention, 
or  any  two  of  them,  to  compare  the  votes  cast  in  said  election,  and 
if  it  shall  appear  that  a  majority  of  all  the  votes  was  cast  for  "  New 
Constitution,"  it  shall  be  the  duty  of  the  Governor  forthwith  to 
make  proclamation  of  the  result,  and  thereupon  the  new  Constitu- 
tion shall  be  ordained  and  established  as  the  Constitution  of  the 
State  of  Tennessee. 

4th.  The  Governor  of  the  State  is  requested  to  issue  his  procla- 
mation as  to  the  election  on  the  4th  Saturday  in  March,  1870,  herein 
provided  for. 

All  of  which  is  respectfully  submitted. 

A.  O.  P.  NICHOLSON,  Chairman. 

VACANCIES    IN    JUDICIAL   OFFICES. 

On  motion  of  Mr.  BURTON,  the  vote  adopting  Mr.  McDougaPs 
amendment  to  the  paragraph  providing  for  the  filling  of  vacancies 
in  judicial  offices,  etc.,  was  reconsidered. 

Thereupon  Mr.  BURTON  offered  the  following  amendment : 

Strike  out  "  general "  and  insert  "  biennial,"  and  add  :  "  And 
such  vacancy  shall  be  filled  at  the  next  biennial  election  recurring 
more  than  thirty  days  after  the  vacancy  occurs." 

Which  was  adopted,  and  the  paragraph,  as  thus  amended,  was 
again  adopted  by  the  Convention. 

RATIFYING   AMENDMENTS   TO    FEDERAL   CONSTITUTION. 

On  motion  of  Mr.  MABRY,  the  independent  section,  proposed  by 
Mr.  Warner  on  yesterday,  prescribing  the  mode  of  ratifying  amend- 
ments to  the  Constitution  of  the  United  States,  was  referred  to  the 
Committee  on  the  Judiciary. 


350 


DUE    COUPON    BONDS. 

The  Convention  proceeded  to  the  consideration  of  the  indepen- 
dent section,  proposed  by  Mr.  THOMPSON,  of  Davidson,  in  relation 
to  receiving  the  due  coupon  bonds  of  the  State  for  taxes,  etc. 

Mr.  FIELDER  demanded  the  question,  which  was  sustained. 

Mr.  BAXTER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  section  rejected. 

Yeas 7 

Nays 62 

Those  voting  in  the  affirmative  are : 

Messrs.  Brown  of  Davidson,  Chowning,  Fentress,  Finley,  Gor- 
don, Kirkpatrick  and  Thompson  of  Davidson — 7. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blackburn,  Blizard,  Bran- 
don, Branson,  Britton,  Brooks,  Brown  of  Henry,  etc.,  Burkett, 
Burton,  Bryne,  Campbell,  Carter,  Coffin,  Cummings,  Cypert, 
Deaderick,  Dibbrell,  Doherty,  Dromgoole,  Fielder,  Gardner,  Gar- 
ner, Gaut,  Gibbs,  Gibson,  Heiskell,  Henderson,  Hill  of  Warren, 
Hill  of  Gibson,  House  of  Williamson,  Ivie,  Jones  of  Giles,  Ken- 
nedy, Key,  Kyle,  Mabry,  McDougal,  MeNabb,  Martin,  Meeks,  Mor- 
ris, Netherland,  Nicholson,  Parker,  Porter  of  Hay  wood,  Porter  of 
Henry,  Seay,  Shepard,  Shelton,  Staley,  Stephens,  Taylor,  Thompson, 
Turner,  Walters,  Warner,  Williamson  and  President  Brown — 62. 

MISCELLANEOUS. 

Mr.,  PORTER,,  of  Hay  wood,  entered  a  motion  to  reconsider  the 
vote  rejecting  the  amendment  proposed  by  the  Finance  Committee 
in  reference  to  the  terms  on  which  bonds  shall  be  issued  to  railroad 
companies. 

Mr.  THOMPSON,  of  Maury,  offered  tke  following  as  an  additional 
section  to  Article  XI : 

Sec.  — .  The  tax  on  polls  levied  by  the  State  under  the  provis- 
ions of  the  Constitution,  shall  be  hereafter  appropriated  for  the  pur- 
poses prescribed  in  Section  10,  Article  XI,  in  such  manner  as  the 
Legislature  shall  direct. 

Mr.  GIBSON  offered  the  section  proposed  by  him  this  morning  in 
lieu  of  Mr.  Thompson's. 

Mr.  BROWN,  of  Henry,  etc.,  submitted  the  following  in  lieu  of 
Mr.  Thompson's  proposition  : 

Sec.  — .  The  State  taxes  derived  from,  polls  hereafter  shall  be  ap- 


351 

propriated  to  educational  purposes,  in- such  manner  as  the  General 
Assembly  shall  from  time  to  time  direct  by  law. 

Which  was  accepted  by  Mr.  THOMPSON. 

Mr.  FIELDER  moved  to  lay  the  pending  propositions  on  the 
table. 

Mr.  GIBSON  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  rejected. 

Yeas 18 

Nays 52 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Bate,  Blizard,  Dromgoole,  Fentress,  Fielder, 
Garner,  Gibbs,  Heiskell,  Hill  of  Warren,  Hill  of  Gibson,  House  of 
Montgomery,  etc.,  Jones  ol  Giles,  Kennedy,  Porter  of  Hay  wood, 
Shelton,  Stephens  and  Williamson — 18.. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Baxter,  Blackburn,  Brandon,  Branson,  Britton, 
Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Bur- 
ton, Byrne,  Campbell,  Carter,  Chowning,  Coffin,  Cummings,  Dead- 
erick,  Dibbrell,  Doherty,  Finley,  Gardner,  Gaut,  Gibson,  Gordon, 
Henderson,  House  of  Williamson,  Ivie,  Key,  Kirkpatrick,  Kyle, 
Mabry,  McDougal,  McNabb,  Martin,  Meeks,  Morris,  Netherland, 
ISicholson,  Parker,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Staley, 
Taylor,  Thompson  of  Davidson,  Thompson  of  Maury,  Turner, 
Walters,  Warner  and  President  Brown — 52. 

Mr.  GIBSON'S  amendment  in  lieu  was  rejected. 

The  section,  as  reported  by  Mr.  BROWN,  of  Henry,  was  adopted 
by  the  Convention. 

Mr.  FENTRESS  offered  the  following  proviso  to  be  added  to  Sec- 
tion 10,  Article  XI : 

Provided  also,  That  no  school  established  or  aided  under  this 
;  section,  shall  allow  white  and  negro  children  to  be  received  as 
Scholars  together  in  the  same  school. 

Which  was  adopted  by  the  Convention. 

DIRECTORY   TO   THE   CLERK. 

Mr.  SEAY  introduced  the  following  resolution : 

Resolved,  That  the  Secretary  of  the  Convention  be  directed  to 
remain  after  this  Convention  shall  have  finally  adjourned,  and  com- 
plete the  Journals  by  copying  the  reports  of  the  different  commit- 


352 

tees,  and  the  Constitution,  and  other  documents,  and  that  the  Jour- 
nals be  bound  and  deposited  in  the  office  of  the  Secretary  of  State, 
and  that  he  also  be  directed  to  superintend  the  printing  of  the 
Journal  of  the  Convention,  and  that  the  Committee  on  Expendi- 
tures report  what  compensation  should  be  allowed  him  for  such  ser- 
vices. 

Which  lies  over  under  the  rule. 


MISCELLANEOUS. 

On  motion  of  Mr.  NETHERLAND  leave  of  absence  was  granted 
Mr.  Kirkpatrick. 

Mr.  STEPHENS  moved  to  reconsider  the  vote  adopting  Section  13, 
Article  VI. 

Mr.  HEISKELL  offered  the  following  resolution : 

Resolved,  That  the  Committee  on  Revision  be  authorized  to  strike 
out  in  Section  13,  Article  VI,  after  the  words  "Clerks  of"  the 
word  "  such  "  and  after  the  words  "  inferior  courts  "  the  words  "as 
may  be  hereafter  established  "  which  shall  be  '*  required  to  be  " 
and  after  the  word  "  counties  "  to  insert  "  or  Districts/7 

Which  was  ruled  out  of  order  by  the  Chair. 

Mr.  TURNER  submitted  the  following  resolution  : 

Resolved,  That  it  is  the  sense  of  the  Ho*?se  that  the  Committee 
on  Revision  and  Enrollment  have  the  right  in  preparing  the  draft 
of  the  Constitution  to  add  or  change  such  words  as  are  necessary  to 
produce  harmony  in  the  instrument,  and  to  carry  out  its  provisions, 
and  to  correet  the  verbiage  and  grammar  of  the  same." 

Which  was  adopted  by  the  Convention. 
Mr.  JONES,  of  Giles,  offered  the  following : 

Clerks  of  Circuit  and  County  Courts  shall  be  elected  by  the  qua- 
lified voters  thereof  for  the  term  of  four  years ;  they  shall  be  re- 
moved from  oftlce  for  malfeasance,  incompetency  or  neglect  of  duty 
in  such  manner  as  may  be  prescribed  by  law. 

Which  was  laid  on  the  table. 

Mr.  KIRKPATRICK  moved  to  take  up  the  report  of  the  Commit- 
tee on  New  Counties  and  County  Lines,  which  motion  was  rejected. 

On  motion  of  Mr.  BAXTER  the  Convention  proceeded  to  the  con- 
sideration of  Article  VIII,  of  the  Constitution  of  1834,  which  Avas 
adopted  without  amendment. 

On  motion  of  Mr.  BAXTER  Article  IX,  of  the  Constitution  of 
1834,  was  taken  up. 


%  353 

Mr.  CYPERT  demanded  the  yeas  and  nays  on  the  adoption  of 
the  1st  Section,  which  were  ordered  and  the  Section  adopted  : 

Yeas 41 

Nays 27 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Brandon,  Britton, 
Burkett,  Byrne,  Campbell,  Carter,  Chowning,  Coffin,  Cummings, 
Deaderick,  Fen  tress,  Fielder,  Gardner,  Garner,  Gaut,  Gibbs,  Gor- 
don, Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House 
of  Williamson,  House  Montgomery,  etc.,  Jones  of  Giles,  Kennedy, 
Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin,  Morris,  Porter  of 
Hay  wood,  Shelton,  Stephens,  Thompson  of  Maury  and  ^Yarner — 41. 

Those  voting  in  the  negative  are : 

Messrs.  Branson,  Brooks,  Brown  of  Davidson,  Brown  of  Henry, 
etc.,  Cypert,  Dibbrell,  Doherty,  Dromgoole,  Finley,  Gibson,  Ivie, 
Key,  McDougal,  Meeks,  Netherland,  Nicholson,  Parker,  Porter  of 
Henry,  Sample,  Shepard,  Staley,  Taylor,  Thompson  of  Davidson, 
Turner,  Walters,  Williamson  and  Wright— 27. 

Section  2,  as  it  is  in  the  Constitution  of  1834,  was  adopted. 
Mr.  CAMPBELL  moved  to  lay  Section  3  on  the  table. 
Mr.  CYPERT  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  lay  on  the  table  rejected. 

Yeas 15 

Nays 53 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Blizard,  Brooks,  Campbell,  Gibson,  Key, 
Mabry,  Porter  of  Henry,  Shelton,  Thompson  of  Davidson,  Thomp- 
son of  Maury,  Turner,  Wright  and  Mr.  President  Brown — 15. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Bate,  Brandon,  Branson,  Britton,  Brown  of 
Davidson,  Brown  of  Henry,  etc.,  Burkett,  Byrne,  Carter,  Chown- 
ing, Coffin,  Cummings,  Cypert,  Deaderick,  Dibbrell,  Doherty, 
Dromgoole,  Fentress,  Fielder,  Gardner,  Garner,  Gaut,  Gibbs, 
Gordon,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Montgomery,  etc.,  Ivie,  Jones 
of  Giles,  Kennedy,  Kirkpatrick,  Kyle,  McDougal,  McNabb,  Mar- 
tin, Meeks,  Morris,  Netherland,  Nicholson,  Porter  of  Hay  wood, 
Sample,  Seay,  Shepard,  Staley,  Stephens,  Taylor,  Walters,  Warner 
and  Williamson — 53. 

Mr.  PORTER,  of  Henry,  moved  to  amend  by  inserting  the  words 

"  in  this  State  "  after  the  word  "duel"  in  second  line.      And  by 
23 


354 

inserting  "  in  this  State  "  after  the  word  "  duel "  in  the  third  line 
and  by  inserting  after  the  word  "  duel "  in  the  fourth  line,  the 
words  "  in  this  State." 

Pending  which  the  Convention  took  a  recess. 


AFTERNOON  SESSION. 

Mr.  DROMGOOLE  demanded  the  yeas  and  nays  on  the  adoption 
of  Mr.  Porter's  amendment,  which  were  ordered,  and  the  amend- 
ment rejected  : 

Yeas  .....................................................................  16 

Nays  .....................................................................  49 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Baxter,  Burton,  Campbell,  Dibbrell, 
Fentress,  Gardner,  Key,  Mabry,  Porter  of  Hay  wood,  Porter  of  Hen- 
ry, Shelton,  Thompson  of  Davidson,  Thompson  of  Maury  and 


Those  voting  in  the  negative  are  : 

Messrs.  Bate,  Blizard,  Brandon,  Branson,  Britton,  Brooks,  Brown 
of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Byrne,  Carter,  Coffin, 
Cummings,  Cypert,  Deaderick,  Doherty,  Dromgoole,  Fielder,  Fin- 
ley,  Garner,  Gaut,  Gibson,  Heiskell,  Henderson,  Hill  of  Warren, 
Hill  of  Gibson,  House  of  Williamson,  House  of  Montgomery,  etc., 
Ivie,  Jones  of  Giles,  Kennedy,  Kyle,  McDougal,  McNabb,  Martin, 
Morris,  Netherland,  Nicholson,  Parker,  Sample,  Seay,  Staley, 
Stephens,  Taylor,  Turner,  Walters,  Warner  and  Williamson  —  49. 

Section  3,  as  it  is  in  the  Constitution  of  1834,  was  adopted  by  the 
Convention. 

The  Convention  proceeded  to  the  consideration  of  Article  X,  of 
the  Constitution  of  1834. 

Sections  1,  2  and  3  were  adopted  without  amendment. 

The  4th  Section,  relating  to  new  counties,  was  postponed. 


355 

NEW   COUNTIES   AND   COUNTY    LINES. 

The  Convention  took  up  the  report  of  the  Committee  on  New 
Counties  and  County  Lines. 

On  motion  of  Mr.  HOUSE,  of  Montgomery,  the  report  was  con- 
sidered by  sections  or  propositions. 

Mr.  HILL,  of  Gibson,  moved  to  amend  by  striking  out  "  two 
hundred  and  fifty  "  in  the  second  line  and  inserting  "  three  hund- 
red." 

Mr.  MABRY  moved  to  lay  the  amendment  on  the  fable. 

Mr.  KEY  demanded  the  yeas  and  nays,  which  were  ordered  and 
the  motion  to  lay  on  the  table  rejected : 

Yeas 35 

Nays 36 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Blizard,  Branson,  Britton,  Brooks,  Burkett,  Camp- 
bell, Carter,  Cummings,  Cypert,  Dibbrell,  Doherty,  Fielder,  Gard- 
ner, Gaut,  Gibbs,  Gibson,  Henderson,  Hill  of  Warren,  House  of 
Williamson,  Key,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin, 
Nicholson,  Sample,  Seay,  Shepard,  Taylor,  Thompson  of  Maury, 
Turner,  Warner  and  Wright — 35. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Baxter,  Blackburn,  Brandon,  Brown  of  David- 
son, Brown  of  Henry,  etc.,  Burton,  Byrne,  Chowning,  Coffin,  Dead- 
erick,  Dromgoole,  Fentress,  Finley,  Garner,  Gordon,  Heiskell,  Hill 
of  Gibson,  House  of  Montgomery,  etc.,  Jones  of  Giles,  Kennedy, 
McDougal,  Meeks,  Morris,  Nether  land,  Parker,  Porter  of  Hay  wood, 
Porter  of  Henry,  Shelton,  Staley,  Stephens,  Thompson  of  Davidson, 
Walters,  Williamson  and  President  Brown — 36. 

Mr.  WILLIAMSON  moved  to  amend  by  striking  out  "  two  hund- 
red and  fifty  ;?  and  inserting  "  three  hundred  and  fifty,"  and  de- 
manded the  question,  which  was  sustained. 

Mr.  JONES,  of  Giles,  demanded  the  yeas  and  nays  on  the  adop- 
tion of  Mr.  Williamson's  amendment,  which  were  ordered,  and  the 
amendment  rejected. 

Yeas 22 

Nays 47 

v    Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Baxter,  Blackburn,  Deaderick,  Dromgoole,  Fent- 
ress, Finley,  Garner,  Heiskell,  House  of  Davidson,  etc.,  Jones  of 


356 

Giles,  Kennedy,  Kyle,  McDougal,  Morris,  Netherland,  Parker, 
Porter  of  Henry,  Shelton,  Staley,  Stephens,  Walters  and  William- 
son—22. 

Those  voting  in  the  negative  are: 

Messrs.  Allen,  Blizard,  Brandon,  Britton,  Brooks,  Brown  of 
Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Campbell, 
Carter,  Chowning,  Coffin,  Cummings,  Cypert,  Dibbrell,  Doherty, 
Fielder,  Gardner,  Gaut,  Gibbs,  Gibson,  Gordon,  Henderson,  Hill 
of  Warren,  Hill  of  Gibson,  House  of  Williamson,  Ivie,  Key,  Kirk- 
patrick,  Mabry,  McNabb,  Martin,  Meeks,  Nicholson,  Porter  of  Hay- 
wood,  Sample,  Seay,  Shepard,  Taylor,  Thompson  of  Davidson, 
Thompson  of  Maury,  Turner,  Warner  and  Wright — 47. 

Mr.  HILL,  of  Gibson,  called  "  the  question  "  and  demanded  the 
yeas  and  nays  on  the  adoption  of  his  amendment;,  which  were  or- 
dered, and  the  amendment  rejected. 

Yeas 33 

Nays 38 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Bate,  Baxter,  Blackburn,  Brandon,  Brown  of 
Henry,  etc.,  Burton,  Byrne,  Cummings,  Deaderick,  Dromgoole, 
Fentress,  Finley,  Garner,  Gordon,  Heiskell,  Hill  of  Gibson,  House 
of  Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Kennedy,  McDougal, 
Meeks,  Morris,  Netherland,  Paiker,  Porter  of  Hay  wood,  Porter  of 
Henry,  Shelton,  Staley,  Stephens,  Walters  and  Williamson — 33. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Blizard,  Branson,  Britton,  Brooks,  Brown  of  Da- 
vidson, Burkett,  Campbell,  Carter,  Chowning,  Coffin,  Cypert,  Dib- 
brell, Doherty,  Fielder,  Gardner,  Gaut,  Gibbs,  Gibson,  Henderson, 
Hill  of  Warren,  House  of  Williamson,  Key,  Kirkpatrick,  Kyle, 
Mabry,  McNabb,  Martin,  Nicholson,  Thompson  of  Davidson, 
Thompson  of  Maury,  Turner,  Warner  and  Wright — 38. 

Mr.  MABRY  moved  to  amend  by  striking  out  "  fifty  "  in  the  second 
line  and  inserting  "  seventy-five,"  and  demanded  "the  question7' 
and  the  yeas  and  nays  on  his  amendment,  which  were  ordered  and 
the  amendment  adopted. 

Yeas 41 

Nays... 29 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blackburn,  Brandon, 
Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burton,  Byrne,  Camp*- 
bell,  Coffin,  Cummings,  Dromgoole,  Fentress,  Finley,  Garner, 
Gordon,  Heiskell,  Hill  of  Gibson,  House  ol  Williamson,  House 


357 

of  Montgomery,  etc.,  Jones  of  Giles,  Kennedy,  Kyle,  Mabry,  Mc- 
Dougal,  Meeks,  Morris,  Netherland,  Nicholson,  Parker,  Porter  of 
J  lay  wood,  Porter  of  Henry,  Shelton,  Staley,  Stephens,  Thompson  of 
Davidson,  Walters,  Williamson  and  Wright — 41. 

Those  voting  in  the  negative  are : 

Messrs.  Blizard,  Branson,  Britton,  Brooks,  Burkett,  Carter, 
Chowning,  Cypert,  Deaderick,  Dibbrell,  Doherty,  Fielder,  Gard- 
ner, Gaut,  Gibbs,  Gibson,  Henderson,  Hill  of  Warren,  Key, 
Kirkpatrick,  McNabb,  Martin,  Sample,  Seay,  Shepard,  Taylor, 
Thompson  of  Maury,  Turner  and  Warner — 29. 

Mr.  FENTRESS  proposed  to  further  amend  the  clause  by  striking 
out  "  four  hundred  and  fifty  "  and  inserting  "seven  hundred  and 
fifty,"  which  was  rejected  by  the  Convention. 

Mr.  HILL,  of  Gibson,  moved  to  amend  by  striking  out  "four 
hundred  and  fifty  and  inserting  "one  thousand,"  which  was  re- 
jected. 

Mr.  HILL  moved  to  amend  by  striking  out  "  four  hundred  and 
fifty"  and  inserting  "seven  hundred,"  which  was  adopted, and  the 
clause  as  thus  amended  was  adopted  by  the  Convention. 

Mr.  MABKY  moved  to  amend  the  second  clause  by  striking  out 
"  twelve  "  and  inserting  "  ten,"  and  demanded  the  yeas  and  nays, 
which  were  ordered  and  the  amendment  rejected. 

Yeas 30 

Nays 41 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Branson,  Britton, 
Brooks,  Burkett,  Chowning,  Cu minings,  Cypert,  Doherty,  Fentress, 
Fielder,  Gardner,  Gaut,  Gibbs,  Gibson,  Gordon,  Henderson,  Hill  of 
Warren,  Kirkpatrick,  Mabry,  Sample,  Seay,  Shepard,  Thompson 
of  Maury,  Turner,  Warner  and  Wright — 30. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Brown  of  Davidson,  Brown  of  Henry, 
etc.,  Burton,  Byrne,  Campbell,  Carter,  Coffin,  Deaderick,  Dibbrell, 
Dromgoole,  Finley,  Garner,  Heiskeil,  Hill  of  Gibson,  House  of 
Williamson,  House  of  Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Ken- 
nedy, Key,  Kyle,  McDougal,  McNabb,  Martin,  Meeks,  Morris, 
Netherland,  Nicholson,  Parker,  Porter  of  Haywood,  Porter  of 
Henry,  Shelton,  Staley,  Stephens,  Taylor,  Thompson  of  Davidson, 
Walters,  Williamson  and  President  Brown — 41. 

Mr.  SEAY  moved  to  amend  by  striking  out  "  twelve  "  and  insert- 
ing "  nine,"  which  was  rejected. 


358 

Mr.  MABRY  moved  to  amend  by  striking  out  "  twelve  and  in- 
serting "  eleven." 

Mr.  KEY  demanded  the  yeas  and  nays,  which  were  ordered  and 
the  amendment  adopted. 

Yeas 38 

Kays 33 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Branson,  Britton, 
Brooks,  Burkett,  Carter,  Chowning,  Cummings,  Cypert,  Doherty, 
Fentress,  Fielder,  Gardner,  Gaut,  Gibbs,  Gibson,  Gordon,  Hender- 
son, Hill  of  Warren,  Hill  of  Gibson,  Kennedy,  Key,  Kirkpatrick, 
Mabry,  McDougal,  Meeks,  Nicholson,  Sample,  Seay,  Shepard, 
Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Walters  and 
Warner— 38. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Blackburn,  Brown  of  Davidson,  Brown 
of  Henry,  etc.,  Burton,  Byrne,  Campbell,  Coffin,  Deaderick,  Dib- 
brell,  Dromgoole,  Finley,  Garner,  Heiskell,  House  of  Williamson, 
House  of  Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Kyle,  McNabbr 
Martin,  Morris,  Netherland,  Parker,  Porter  of  Hay  wood,  Porter  of 
Henry,  Shelton,  Staley,  tephens,  Taylor,  Williamson  and  Presi- 
dent Brown — 33. 

The  clause  as  thus  amended  was  adopted  by  the  Convention. 

Mr.  FENTRESS  proposed  to  amend  the  third  clause  by  adding 
after  the  words  "  taken  off"  at  the  end  of  the  clause,  "  and  a  ma- 
jority of  the  voters  of  the  county  from  which  such  part  is  proposed 
to  be  taken,"  and  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  amendment  rejected. 

Yeas 28 

Nays 42 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Blackburn,  Brown  of  Davidson,  Campbell, 
Cummings,  Deaderick,  Dromgoole,  Fentress,  Finley,  Garner, 
Heiskell,  House  of  Williamson,  House  of  Montgomery,  etc.,  Ivie, 
Jones  of  Giles,  Kennedy,  McDougal,  Morris,  Netherland,  Porter 
of  Henry,  Shepard,  Shelton,  Staley,  Stephens,  Turner,  Walters, 
Williamson  and  Wright— 28. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Baxter,Blizard,  Brandon,  Branson,  Britton,  Brooks, 
Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Carter,  Chowning, 
Coffin,  Cypert,  Dibbrell,  Doherty,  Fielder,  Gardner,  Gaut,  Gibbs, 
Gibson,  Gordon,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Key, 


359 

.Kirkpatrick,  Kyle,  Mabry,  McNabb,  Martin,  Meeks,  Nicholson, 
Parker,  Porter  of  Haywood,  Sample,  Seay,  Taylor,  Thompson  of 
Davidson,  Thompson  of  Maury,  and  Warner — 42. 

Mr.  GIBSON,  moved  to  amend  by  striking  out  the  words  "  a  ma- 
jority "  in  the  sixth  line,  and  inserting  "  two-thirds." 

Mr,  SEAY  moved  to  lay  the  amendment  on  the  table,  which 
motion  was  rejected. 

Mr.  SEAY  demanded  the  yeas  and  nays  on  the  adoption  of  the 
amendment,  which  were  ordered,  and  the  amendment  adopted. 

Yeas 38 

Kays 32 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Blackburn,  Brandon,  Branson,  Brown  of  David- 
son, Byrne,  Campbell,  Carter,  Coffin,  Deaderick,  Drbmgoole,  Fen- 
tress,  Finley,  Gardner,  Garner,  Gibson,  Gordon,  Heiskell,  Hill  of 
Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of  Mont- 
gomery, etc.,  Ivie,  Jones  of  Giles,  Kennedy,  McNabb,  Morris, 
Nicholson,  Parker,  Porter  of  Haywood,  Porter  of  Henry,  Shep- 
ard,  Shelton,  Staley,  Stephens,  Williamson,  Wright  and  President 
Brown — 38. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Baxter,  Blizard,  Britton,  Brooks,  Brown  of  Henry, 
etc.,  Burton,  Burkett,  Chowning,  Cummings,  Cypert,  Dibbrell, 
Doherty,  Fielder,  Gaut,  Gibbs,  Henderson,  Key,  Kyle,  Mabry,  Mc- 
Dougal,  Martin,  Meeks,  Netherland,  Sample,  Seay,  Taylor,  Thomp- 
son of  Davidson,  Thompson  of  Maury,  Turner,  Walters  and  War- 
ner— 32. 

The  clause  as  thus  amended  was  adopted  by  the  Convention. 

On  motion  of  Mr.  MABRY,  the  Convention,  adjourned  until  to- 
morrow morning  at  9  o'clock. 


SATURDAY  MORNING,  FEBRUARY  19,  1870, 

The  Convention  met  pursuant  to  adjournment,  Mr.   President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  SAMPLE,  a  member  of  the  Convention. 
The  Journal  of  yesterday  was  read  ancbapproved. 


360 


MEMORIALS   AND   PETITIONS. 

Mr.  STEPHENS  presented  a  memorial  from  the  Board  of  Trade  of 
Memphis,  praying  a  reconsideration  of  the  action  of  the  Conven- 
tion on  the  subject  of  merchants'  tax,,  which  was  read  and  laid  on 
the  table. 

Mr.  KENNEDY  presented  a  protest  from  the  Board  of  Trade  of 
Clarksville  against  the  passage  of  the  section  in  relation  to  mer- 
chants' tax,  and  respectfully  asking  for  a  reconsideration  of  the 
same,  which  was  read  and  laid  on  the  table. 

Mr.  GIBBS  presented  a  memorial  from  citizens  of  Obion  County 
praying  the  formation  of  a  new  county  out  of  territory  west  of  Reel 
Foot  Lake,  which  was  read  and  laid  on  the  table. 

MISCELLANEOUS. 

Mr.  WARNER  offered  the  following  as  an  independent  section  to 
the  Report  of  the  Committee  on  Miscellaneous  Provisions : 

"  That  no  white  man  shall  be  tried  for  life  or  liberty  or  property 
except  by  a  jury  of  white  men,  and  that  the  Legislature  may  regu- 
late the  trial  by  jury  in  accordance  with  this  section  and  other  sec- 
tions embraced  in  this  Constitution." 

Mr.  BRITTON  offered  the  following  resolution  : 

Resolved,  That  a  Committee  of  five  be  appointed  by  the  Chair , 
whose  duty  it  shall  be  to  prepare  an  address  to  the  people  of  Ten- 
nessee, setting  ; forth  briefly  the  reasons  for  the  action  of  the  Con- 
vention on  the  changes  made  in  the  Constitution  of  1834,  the  same 
to  be  printed  and  circulated  contemporaneously  writh  submitting  the 
Constitution  for  the  ratifying  approval  of  the  qualified  voters  of 
the  State. 

Mr.  BRITTON  moved  to  suspend  .-the  rules  and  take  up  the  reso- 
lution. 

On  motion  of  Mr.  BURTON,  the  motion  to  suspend  the  rules  was 
laid  on  the  table,  and  the  resolution  lies  over  one  day  .under  the 
rule. 

Mr.  DIBBRELL  offered  the  following  resolution  : 

Resolved,  That  it  is  the  sense  of  this  Convention  that  Clerks  of 
the  Supreme  Court,  and  Clerks  and  Masters  of  the  Chancery  Court 
shall  be  elected  by  the.people. 


361 

Mr.  DIBBRELL  moved  to  suspend  the  rules  and  take  up  the  reso- 
lution. 

Mr.  CYPERT  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  suspend  the  rules  adopted. 

Yeas 41 

Nays 30 

Those  voting  in  the  affirmative  are  : 

Messrs.  Arledge,  Blackburn,  Blizard,  Brandon,  Branson,  Britton, 
Brooks,  Burkett,  Byrne,  Chowning,  Coffin,  Cummings,  Cypert, 
Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Fin- 
ley,  Gibbs,  Gibson,  Heiskell,  Henderson,  Hill  of  Warren,  Hill  of 
Gibson,  Ivie,  Mabry,  McDougal,  McNabb,  Martin,  Morris,  Parker, 
Sample,  Seay,  Shepard,  Stephens,  Taylor,  Walters,  Warner  and 
Williamson — 41. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Bate,  Baxter,  Brown  of  Henry,  etc.,  Burton,  Car- 
ter,, Deaderiek,  Gardner,  Garner,  Gaut,  Heiskell,  House  of  Wil- 
liamson, House  of  Montgomery,  etc.,  Jones  of  Giles,  Kennedy, 
•  Key,  Kirkpatrick,  Kyle,  Meeks,  Netherland,  Nicholson,  Porter  of 
Haywood,  Porter  of  Henry,  Shelton,  Staley,  Thompson  of  Maury, 
Thompson  of  Davidson,  Turner,  Wright  and  President  Brown 
—30. 

Mr.  President  BROWN,  Mr.  NICHOLSON  in  the  Chair,  objected  to 
the  consideration  of  the  resolution,  as  the  subject  matter  had  been 
disposed  of  by  the  Convention. 

The  Chair  decided  the  objection  well  taken,  and  ruled  the  reso- 
lution out  of  order. 

Mr.  DIBBRELL  appealed  from  the  decision  of  the  Chair,  and  de- 
manded the  yeas  and  nays,  which  were  ordered,  and  the  decision  of 
the  Chair  sustained. 

Yeas 45 

Nays 24 

Those  voting  in  the  affirmative  are : 

Messrs,  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Branson,  Britton, 
Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burton,  Carter,  Coffin, 
Deaderick,  Doherty,  Fentress,  Fielder,  Gardner,  Garner,  Gaut,  Gor- 
don, Heiskell,  Henderson,  Hill  of  Gibson,  House  of  Williamson, 
son,  House  of  Montgomery,  Jones  of  Giles,  Kennedy,  Key,  Kirkpat- 
rirk,  Kyle,  McNabb,  Meeks,  Netberland,  Nicholson,  Porter  of  Hay- 
wood,  Porter  of  Henry,  Shepard,  Shelton,  Staley,  Thompson  of  David- 


362 

son,  Thompson  of  Maury,  Turner,  Williamson,  Wright  and  Presi- 
dent Brown — 45. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Brooks,  Burkett,  Byrne,  Chowning,  Cummings, 
Cypert,  Deavenport,  Dibbrell,  Dromgoole,  Finley,  Gibbs,  Gibson, 
Hill  of  Warren,  Ivie,  Mabry,  McDougal,  Martin,  Parker,  Sample, 
Stephens,  Taylor,  Walters  and  Warner — 24. 

Mr.  TAYLOR  offered  the  following  resolution  : 

Resolved,  That  the  rule  requiring  a  motion,  to  reconsider  to  be 
made  within  two  days  after  the  passage  of  a  resolution,  be  sus- 
pended for  the  purpose  of  reconsidering  the  action  of  the  Conven- 
tion on  the  appointment  of  Clerks  and  Masters  and  Clerks  of  the 
Supreme  Court. 

Mr.  TAYLOR  moved  to  suspend  the  rules  and  take  up  the  reso- 
lution. 

Mr.  BROWN,  of  Davidson,  moved  to  lay  the  motion  to  suspend 
the  rules  on  the  table. 

Mr.  TAYLOR  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  lay  on  the  table  rejected  : 

Yeas ...34 

Nays 37 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Branson,  Brown  of  Davidson,  Brown 
of  Henry,  etc.,  Carter,  Deaderick,  Doherty,  Gardner,  Garner,  Gaut, 
Gordon,  Heiskell,  Henderson,  House  of  Williamson,  House  of 
Montgomery,  etc.,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick, 
Kyle,  Meeks,  Netherland,  Nicholson,  Porter  of  Hay  wood,  Porter  of 
Henry,  Shepard,  Shelton,  Thompson  of  Davidson,  Turner,  William- 
son, Wright  and  President  Brown — 34. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Blackburn,  Blizard,  Brandon,  Britton,  Brooks, 
Burkett,  Burton,  Byrne,  Chowning,  Coffin,  Cummings,  Cypert, 
Deavenport,  Dibbrell,  Dromgoole,  Fentress,  Fielder,  Finley,  Gibbs, 
Gibson,  Hill  of  Warren,  Hilt  of  Gibson,  Ivie,  Mabry,  McDougal, 
McNabb,  Martin,  Parker,  Sample,  Seay,  Staley,  Stephens,  Taylor, 
Thompson,  of  Maury,  Walters  and  Warner — 37. 

Mr.  HEISKELL  demanded  the  yeas  and  days  on  the  motion  to 
suspend  the  rules,  which  were  ordered,  and  the  motion  to  suspend 
the  rules  adopted: 

Yeas 39 

Nays 31 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Blackburn,  Blizard,  Brandon,  Branson,  Britton, 


363 

$rooks,  Burkett,  Burton,  Byrne,  Chowning,  Coffin,  Cummings, 
Cypert,  Deavenport,  Dibbrell,  Dromgoole,  Fielder,  Finley,  Gibbs, 
Gibson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Mabry,  McDougal, 
McNabb,  Martin,  Parker,  Porter  of  Hay  wood,  Sample,  Seay,  Steph- 
ens, Taylor,  Walters  Warner  andWilliamson — 39. 

Those  voting  in  the  negative  are  :          < 

Messrs.  Bate,  Baxter,  Brown  of  Davidson,  Brown  of  Henry,  etc:, 
Carter,  Deaderick,  Doherty,  Fentress,  Garner,  Gaut,  Gordon,  Heis- 
kell,  Henderson,  House  of  Williamson,  House  of  Montgomery,  etc., 
Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle,  Meeks,  Nether- 
land,  Nicholson,  Porter  of  Henry,  Shepard.  Shelton,  Thompson  of 
Davidson,  Thompson  of  Maury,  Turner,  Wright  and  President 
Brown — 31. 

Mr.  WILLIAMSON  demanded  a  division  of  the  question  which 
was  ordered,  and  a  vote  taken  on  that  portion  of  the  resolution  in 
relation  to  Clerks  and  Masters. 

Mr.  CYPERT  demanded  the  yeas  and  nays,  which  were  ordered, 
and  resulted  as  follows  : 

Yeas 38 

Nays 34 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Blackburn,  Blizard,  Branson,  Britton,  Brooks, 
Burkett,  Burton,  Byrne,  Chowning,  Coffin,  Cummings,  Cypert, 
Deavenport,  Dibbrell,  Dromgoole,  Fentress,  Fielder,  Finley,  Gibbs, 
Gibson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Mabry,  McDougal, 
McNabb,  Martin,  Morris,  Parker,  Sample,  Seay,  Staley,  Stephens, 
Taylor,  Walters,  Warner,  and  Williamson — 38. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Bate,  Baxter,  Brandon,  Brown  of  Davidson,  Brown 
of  Henry,  etc,,  Gordon,  Heiskell,  Henderson,  House  of  Williamson, 
House  of  Davidson,  etc.,  Jones  of  Giles,  Kennedy,  Key,  Kirkpat- 
rick, Kyle,  Meeks,  Netherland,  Nicholson,  Porter  of  Haywood, 
Porter  of  Henry,  Shepard,  Shelton,  Thompson  of  Davidson,  Thomp- 
son of  Maury,  Turner,  Wright  and  President  Brown — 34. 

The  proposition  not  having  received  a  two-thirds  vote  was  de- 
clared by  the  Chair  rejected. 

Mr.  CYPERT  appealed  from  the  decision  of  the  Chair,  and  de- 
manded the  yeas  and  nays,  which  were  ordered  and  the  decision  of 
the  Chair  sustained : 

Yeas 41 

Nays 29 

Those  voting  in  the  affirmative  are  : 

.Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Branson,  Brown 


364 

of  Davidson,  Brown  of  Henry,  etc.,  Carter,  Coffin,  Deaderick,  Do- 
herty,  Fentress,  Fielder,  Gardner,  Garner,  Gaut,  Gordon,  Heiskell, 
Henderson,  House  of  Williamson,  House  of  Montgomery,  etc., 
Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick,  Kyle,  Meeks,  Morris, 
Netherland,  Nicholson,  Porter  of  Hay  wood,  Porter  of  Henry,  Seay, 
Shepard,  Shelton,  Thompson  of  Davidson,  Turner,  Walters,  Wright 
and  President  Brown — 41. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Blackburn,  Britton,  Brooks,  Burkett,  Burton, 
Byrne,  Chowning,  Cummings,  Cypert,  Deavenport,  Dibbrell,  Drom- 
goole,  Finley,  Gibbs,  Gibson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie, 
Mabry,  McDougal,  McNabb,  Martin,  Parker,  Sample,  Staley, 
Thompson  of  Maury,  Warner  and  Williamson — 29. 

ISSUANCE    OF   STATE   BONDS. 

On  motion  of  Mr.  BAXTER  the  motion  of  Mr.  Porter,  of  Hay- 
wood,  to  reconsider  the  vote  rejecting  the  amendment  proposed  by 
the  Committee  on  Finance,  in  relation  to  the  terms  on  which  State 
bonds  shall  be  issued  was  taken  up. 

Mr.  DIBBRELL  moved  to  lay  the  motion  to  reconsider  on  the  table. 
Mr.  TAYLOR  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  rejected. 

Yeas 27 

Nays 44 

Those  voting  in  the  affirmative  are : 

Messrs  Allen,  Britton,  Byrne,  Carter,  Chowning,  Cummings,  Cy- 
pert, Deaderick,  Dibbrell,  Gardner,  Gibbs,  Gibson,  Gordon,  Heis- 
kell, Key,  Kirkpatrick,  Kyle,  Mabry,  McNabb,  Netherland,  Nichol- 
son, Parker,  Seay,  Shepard,  Taylor  and  Williamson — 27. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Bate,  Baxter,  Blackburn,  Blizard,  Brandon, 
Branson,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Bur- 
ton, Coffin,  Deavenport,  Doherty,  Dromgoole,  Fentress,  Fielder, 
Finley,  Garner,  Gaut,  Henderson,  Hill  of  Warren,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Montgomery,  etc.,  Ivie,  Jones  of 
Giles,  Kennedy,  McDougal,  Martin,  Meeks,  Morris,  Porter  of  Hay- 
wood,  Porter  of  Henry,  Sample,  Shelton,  Staley,  Stephens,  Thomp- 
son of  Davidson,  Thompson  of  Maury,  Turner,  Walters,  Warner, 
Wright  and  President  Brown — 44. 

The  motion  to  reconsider  was  then  adopted. 

Mr.  GIBSON  oifered  the  following  amendment : 

Strike  out  all  after  the  word  "  it "  in  the  third  lire,  so  that  the 


365 

amendment  will  read  :  "  No  bouds^of  the  State  shall  be  issued  to 
any  railroad  company  which,  at  the  time  of  its  application  for  the 
same,  shall  be  in  default  in  paying  the  interest  upon  the  State  bonds 
previously  loaned  to  it." 

Which  was  rejected. 

Mr.  FP;NTRESS  offered  the  following  amendment : 

Provided,  That  this  clause  shall  not  affect  the  obligation  of  any 
contract  heretofore  entered  into  by  the  State. 

Mr.  WILLIAMSON  demanded  the  yeas  and  nays  on  the  adoption 
tion  of  the  amendment,  which  were  ordered,  and  the  amendment 
rejected. 

Yeas 33 

Nays 37 

Those  voting  in  the  affirmative  are  : 

Messrs.  A.llen,  Branson,  Brooks,  Brown  of  Davidson,  Byrne, 
Carter,  Chowning,  Coffin,  Cypert,  Dibbrell,  Fentress,  Finley,  Gard- 
ner, Gibbs,  Gibson,  Gordon,  Heiskell,  Hill  of  Warren,  Ivie,  Key, 
Kyle,  Mabry,  Martin,  Netherland,  Nicholson,  Parker,  Seay,  Shepard, 
Thompson  of  Davidson,  Thompson  of  Maury,  Warner,  Williamson 
and  Wright— 33. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Baxter,  Blackburn,  Blizard,  Brandon, 
Britton,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Cummings,  Dead- 
erick,  Deavenport,  Doherty,  Dromgoole,  Fielder,  Garner,  Gaut, 
Henderson,  Hill  of  Gibson,  House  of  Williamson,  House  of  Mont- 
gomery, etc.,  Jones  of  Giles,  Kennedy,  Kirkpatrick,  McDougal, 
McNabb,  Meeks,  Morris,  Porter  of  Haywood,  Porter  of  Henry, 
Sample,  Shelton,  Staley,  Stephens,  Turner  and  Walters — 37. 

Mr.  DIBBRELL  demanded  the  yeas  and  nays  on  the  adoption  of 
the  amendment  reported  by  the  Committee  on  Finance,  which  were 
ordered,  and  the  amendment  adopted. 

Yeas 52 

Nays 20 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Bate,  Baxter,  Blackburn,  Blizard,  Brandon, 
Branson,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Bur- 
ton, Carter,  Chowning,  Cummings,  Deaderick,  Deavenport,  Doherty, 
Dromgoole,  Fielder,  Finley,  Gardner,  Garner,  Gaut,  Gordon, 
Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of 
AVilliamson,  House  of  Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Ken- 
nedy, McDougal,  Martin,  Meeks,  Morris,  Netherland,  Parker,  Por- 
ter of  Haywood,  Porter  of  Henry,  Sample,  Shelton,  Staley,  Stephens, 


366 

Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Walters, 
Warner,  Wright  and  President  Brown — 52. 

Those  voting  in  the  negative  are : 

*  Messrs.  Allen,  Britton,  Brooks,  Byrne,  Coffin,  Cypert,  Dibbrell, 
Fentress,  Gibbs,  Gibson,  Key,  Kirkpatrick,  Kyle,  Mabry,  McNabb, 
Nicholson,  Seay,  Shepard,  Taylor,  and  Williamson — 20. 

Ordered  that  the  section  be  referred  to  the  Committee  on  Ke- 
vision. 

PAYMENT    OF    THE   STATE   DEBT. 

Mr.  DROMGOOLE  called  up  his  resolution,  offered  on  yesterday,  in 
relation  to  the  payment  of  the  State  debt. 

Mr.  PORTER,  of  Hay  wood,  moved  to  lay  the  resolution  on  the 
table. 

Mr.  GARNER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 41 

Nays 27 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Baxter,  Blizard,  Brandon,  Branson,  Britton,  Bur- 
kett,  Carter,  Chowning,  Cypert,  Deaderick,  Deavenport,  Dibbrell, 
Finley,  Gardner,  Gaut,  Gibbs,  Gibson,  Gordon,  Heiskell,  Henderson, 
Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson,  Key,  Kirkpat- 
rick, Kyle,  Mabry,  McDougal,  McNabb,  Meeks,  Morris,  Nicholson, 
Parker,  Porter  of  Haywood,  Sample,  Shepard,  Stephens,  Taylor, 
Thompson  of  Davidson,  and  Thompson  of  Maury — 41. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Brooks,  Brown  of  Davidson,  Burton, 
Byrne,  Coffin,  Cummmgs,  Doherty,  Dromgoole)  Fentress,  Fielder, 
Garner,  Ivie,  Jones  of  Giles,  Kennedy,  Martin,  Netherland,  Porter 
of  Henry,  Seay,  Staley,  Turner,  Walters,  Warner,  Williamson, 
Wright  and  President  Brown — 27. 

PUBLICATION   OF   NEW   CONSTITUTION. 

Mr.  WILLIAMSON  offered  the  following  resolution  : 
Resolved,  That  for  the  information  of  the  people  an  official  copy 
of  the  amended  Constitution,  adopted  by  this  Convention,  be  pub- 
lished in  the  two  papers  of  largest  circulation  in  the  cities  of  Knox- 
ville,  Nashville  and  Memphis,  and  in  one  newspaper  of  largest  cir- 
culation in  each  other  county  in  which  a  neAvspaper  is  now  pub- 
lished ;  and  that  30,000  copies  of  the  said  amended  Constitution  be 


367 

printed  by  the  Public  Printers  for  general  distribution  ;  and  that 
the  newspapers  publishing  an  official  copy  of  the  amenued  Consti- 
tution be  paid  fifty  dollars  each. 

Which  lies  over  under  the  rule. 


ADJOURNMENT   SINE   DIE. 

Mr.  JONES,  of  Giles,  offered  the  following  resolution : 
Resolved ,  That  the  Convention  will  adjourn  sine  die   on  Tuesday 
next,  at  12  o'clock  at  noon. 

Which  lies  over  under  the  rules. 

REPORT    OF   THE    JUDICIARY     COMMITTEE. 

Mr.  HEISKELL,  from  the  Committee  on  the  Jndiciary,  reported 
the  following  in  lieu  of  the  amendment  proposed  by  Mr.  Warner  : 

"No  Convention  or  General  Assembly  of  this  State  shall  act 
upon  any  amendment  of  the  Constitution  of  the  United  States  pro- 
posed by  Congress  to  the  several  States,  unless  such  Convention  or 
General  Assembly  shall  have  been  elected  after  such  amendment  is 
submitted. 

Mr.  GIBSON  demanded  the  yeas  and  nays  on  the  adoption  of  the 
amendment  proposed  by  the  Committee,  which  were  ordered,  and 
the  amendment  adopted. 

Yeas 62 

Nays 7 

Those  voting  in  the  affirmative  are: 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Brandon,  Britton, 
Brown  of  Davidson,  Brown  of  Henry,  etc  ,  Burkett,  Burton,  Byrne, 
Carter,  Chowning,  Coffin,  Cummings,  Cypert,  Deaderick,  Deaven- 
port,  Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Gardner, 
Garner,  Gaut,  Gibbs,  Gordon,  Heiskell,  Henderson,  Hill  of  War- 
ren, Hill  of  Gibson,  House  of  Williamson,  House  of  Montgomery, 
etc.,  Ivie,  Jones  of  Giles,  Kennedy,  Kirkpatrick,  Kyle,  Mabry, 
McDougal,  McNabb,  Martin,  Meeks,  Morris,  Nicholson,  Porter  of 
Haywood,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Stephens,  Tay- 
lor, Thompson  of  Davidson,  Thompson  of  Maury,  Turner,  Walters, 
Warner,  AVilliamson,  Wright  and  President  Brown — 62. 

Those  voting  in  the  negative  are : 

Messrs.  Branson,  Brooks,  Finley,  Gibson,  Key,  Parker,  and 
Staley— 7. 

On  motion  of  Mr.  HEISKELL,  the  amendment  was  referred  to 
the  Committee  on  Revision. 


368 


REPRESENTATION. 

Mr.  SEAY  called  up  the  proposition  submitted  by  him  on  yester- 
day, viz : 

"  No  county,  which  has  a  representative  at  the  date  of  the  ratifi- 
cation of  this  Constitution,  shall  ever  be  deprived  thereof  under  any 
apportionment  made  hereafter  under  the  provisions  of  this  Consti- 
tution;" 

And  demanded  the  yeas  and  nays  on  its  adoption,  which  were 
ordered,  and  the  amendment  rejected. 

Yeas 19 

Nays 48 

Those  voting  in  the  affirmative  are : 

Messrs.  Branson,  Brooks,  Byrne,  Cummings,  Cypert,  Deavenport, 
Dibbrell,  Finley,  Gibson,  McDougal,  McNabb,  Meeks,  Morris, 
Netherland,  Parker,  Sample,  Seay,  Staley  and  Taylor — 19. 

Those  voting  in  the  negative  are : 

•  Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Branson,  Britton, 
Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Car- 
ter, Chowning,  Coffin,  Deaderick,  Doherty,  Dromgoole,  Fentress, 
Fielder,  Gardner,  Garner,  Gaut,  Gibbs,  Gordon,  Heiskell,  Hender- 
son, Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson,  House 
of  Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Kennedy,  Key,  Kirk- 
patrick,  Mabry,  Nicholson,  Porter  of  Haywood,  Porter  of  Henry, 
Turner,  Walters,  Warner,  Williamson  and  Wright — 48. 

REVISION. 

Mr.  STEPHENS,  from  the  Committee  on  Revision,  made  the  fol- 
lowing leport : 

I  beg  leave  to  report  that  in  revising  Section  13,  of  Article  6,  I 
have  caused  it  to  read  as  follows : 

"Sec.  13.  Judges  of  the  Supreme  Court  shall  appoint  their 
Clerks,  who  shall  hold  their  offices  for  the  term  of  six  years.  Clerks 
of  inferior  courts,  holden  in  the  counties  or  districts,  shall  be  elected 
by  the  qualified  voters  thereof  for  the  term  of  four  years.  Any 
clerk  may  be  removed  from  office  for  malfeasance,  incompetency, 
or  neglect  of  duty,  in  such  manner  as  may  be  prescribed  by  law. 

Mr.  Ivie  raised  the  point  of  order,  that  the  Committee  had  tran- 
scended their  powers  in  making  the  alterations  reported  by  them. 
The  Chair  decided  the  point  of  order  not  well  taken. 
Mr.  HEISKELL  demanded  the  yeas  and  nays  on  receiving  the  re- 


369 

port  of  the  Committee,  which  were  ordered,  and  the  report  re- 
coived. 

Yeas 46 

Nays 16 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Brandon,  Branson,  Brown 
of  Davidson,  Brown  of  Henry,  etc.,  Burton,  Byrne,  Carter,  Chown- 
ing,  Coffin,  Deaderiek,  Doherty,  Fielder,  Finley,  Gardner,  Garner, 
Gaut,  Gibbs,  Gordon,  Heiskell,  Henderson,  Hill  of  Gibson,  House 
of  Williamson,  House  of  Montgomery,  etc.,  Jones  of  Giles,  Kennedy, 
Key,  Kirkpatrick,  Kyle,  Nicholson,  Porter  of  Hay  wood,  Porter  of 
Henry,  Seay,  Shepard,  Shelton,  Staley,  Stephens,  Thompson  of 
Davidson,  Thompson  of  Maury,  Turner,  Williamson,  Wright  and 
President  Brown — 46. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Britton,  Brooks,  Burkett,  Dibbrell,  Gibson, 
Hill  of  Warren,  Ivie,  Mabry,  McNabb,  Martin,  Parker,  Sample, 
Taylor,  and  Warner — 16. 

MERCHANTS'  TAX. 

Mr.  STEPHENS  introduced  the  following  as  an  independent  sec- 
tion : 

"  The  portion  of  a  merchant's  capital  used  in  the  purchase  of 
merchandise  sold  by  him  to  merchants  and  sent  beyond  this  State, 
shall  not  be  taxed  at  a  rate  higher  than  the  ad  valorem  tax  on 
property." 

On  motion  of  Mr.  STEPHENS,  the  rules  were  suspended  and  the 
section  taken  up. 

Mr.  GARNER  demanded  the  yeas  and  nays  on  the  adoption  of  the 
section,  which  were  ordered,  and  the  section  adopted. 

Yeas     42 

Nays 24 

Those  voting  in  the  affirmative  are  : 

Messrs.  Bate,  Baxter,  Blizard,  Brown  of  Davidson,  Brown  of 
Henry,  etc.,  Burton,  Byrne,  Carter;  Coffin,  Cypert,  Deaderiek, 
Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Gardner,  Gaut,  Gibbs, 
Gordon,  Heiskell,  Henderson,  Hill  of  Gibson,  House  of  William- 
son, House  of  Montgomery,  etc.,  Jones  of  Giles,  Kennedy,  Key, 
Kirkpatrick,  Mabry,  McNabb,  Nicholson,  Porter  of  Haywood, 
Porter  of  Henry,  Seay,  Shepard,  Shelton,  Stephens,  Taylor,  Thomp- 
son of  Davidson,  Turner,  Williamson  and  Wright — 42. 

Those  voting  in  the  negative  are : 

Messrs.    Allen,   Brandon,   Branson,   Britton.   Brooks;   Burkett, 
24 


370 

Chowning,  Fentress,  Fielder,  Finley,  Garner,  Gibson,  Hill  of  War- 
ren, Ivie,  Kyle,  Martin,  Meeks,  Morris,  Netherland,  Parker,  Sample, 
Staley,  Thompson  of  Maury  and  Warner — 24. 

Ordered,  that  the  section  be  referred  to  the  Committee  on  Re- 
vision. 

Mr.  HOUSE,  of  Williamson,  offered  the  following  as  an  addi- 
tional section  : 

"  Nor  shall  that  portion  of  a  merchant's  capital  used  in  the  pur- 
chase of  merchandise,  sold  by  him  to  resident  citizens  of  the  State, 
be  taxed  at  more  than  double  the  rate  of  the  ad  valorem  tax  on 
property. 

Mr.  HOUSE  moved  to  suspend  the  rules  and  take  up  the  section, 
which  was  rejected,  and  it  lies  over  under  the  rule. 

NEW   COUNTIES   AND    COUNTY   LINES. 

The  Convention  proceeded  to  the  consideration  of  the  unfinished 
business  of  yesterday,  the  report  of  the  Committee  on  New  Coun- 
ties and  County  Lines. 

The  first  part  of  Clause  4,  Section  1,  was  adopted  without  amend- 
ment. 

Mr.  SEAY  proposed  to  amend,  by  striking  out  in  tenth  line,  the 
words  "  six  hundred  and  twenty-five"  and  inserting  "  four  hun- 
dred," which  was  rejected. 

Mr.  ARLEDGE  moved  to  amend  by  striking  out  "  and  twenty- 
five  "  in  the  tenth  line. 

On  motion  of  Mr.  BURKETT,  the  amendment  was  laid  on  the 
table. 

Yeas 46 

Nays 24 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Branson,  Britton,  Brooks, 
Brown  of  Henry,  etc.,  Bnrkett,  Carter,  Chowning,  Coffin,  Cum- 
mings,  Cypert,  Deavenport,  Dibbrell,  Doherty,  Fielder,  Gardner, 
Gaut,  Gibbs,  Gibson,  Gordon,  Heiskell,  Henderson,  Hill  of  Warren, 
Hill  of  Gibson,  House  of  Williamson,  Ivie,  Key,  Kirkpatrick, 
Mabry,  Martin,  Meeks,  Netherland,  Parker,  Porter  of  Henry, 
Sample,  Seay,  Shepard,  Stephens,  Thompson  of  Maury,  Turner, 
Walters,  Warner  and  Williamson — 46. 

Those  voting  in  the  negative  are : 
<   Messrs.  Arledge,  Brandon,  Brown  of  Davidson,  Burton,  Byrne, 


371 

JVaderick,  Dromgoolc,  Fentress,  Finley,  Garner,  House  of  Mont- 
gomery, etc.,  Jones  of  Giles,  Kennedy,  Kyle,  McDougal,  McNabb, 
Morris,  Nicholson,  Porter  of  Haywood,  Shelton,  Staley,  Taj  lor, 
Thompson  of  Davidson  and  Wright — 24. 

Mr.  HILL,  of  Gibson,  moved  to  strike  out  "  six  hundred  and 
twenty-five,"  and  insert  ".five  hundred  and  fifty." 

Mr.  SEAY  moved  to  lay  the  amendment  on  the  table. 

Mr.  GARNER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 35 

Nays 33 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Branson,  Britton,  Brooks, 
Brown  of  Davidson,  Burkett,  Burton,  Carter,  Chowning,  Cum- 
in ings,  Deaderick,  Deavenport,  Dibbrell,  Doherty,  Fielder,  Gardner, 
Gaut,  Gibbs,  Gibson,  Gordon,  Henderson,  Hill  of  Warren,  Ivie, 
Key,  Kirkpatrick,  Kyle,  Mabry,  Martin,  Parker,  Seay,  Shepard, 
Thompson  of  Davidson  and  Warner — 35. 

T*nose  voting  in  the  negative  are  : 

Messrs.  Arledge,  Bate,  Brandon,  Brown  of  Henry,  Byrne,  Coffin, 
Cypert,  Dromgoole,  Fentress,  Finley,  Garner,  Hill  of  Gibson, 
House  of  Williamson,  House  of  Montgomery,  etc.,  Jones  of  Giles, 
Kennedy,  McDougal,  McNabb,  Meeks,  Morris,  Netherland,  Nichol- 
son, Porter  of  Haywood,  Porter  of  Henry,  Sample,  Shelton,  Staley, 
Stephens,  Taylor,  Thompson  of  Maury,  Turner,  Walters,  William- 
son and  Wright — 33. 

Mr.  FIELDER  proposed  to  amend  by  striking  out  "  six  hundred 
and  twenty-five,"  and  inserting  "  five  hundred,"  which  was  adopted, 
and  the  clause,  as  thus  amended,  was  adopted  by  the  Convention. 

Mr.  HOUSE,  of  Montgomery,  etc.,  offered  the  following  as  an  in- 
dependent section  : 

"  Whenever  any  county  may  have  taken  stock  in  a  railroad 
or  other  corporation,  and  a  fraction  of  said  county  shall  be  taken  to 
form  a  new  county,  or  shall  be  added  to  another  county  by  change 
of  county  lines,  the  inhabitants  or  property  holders  within  said 
fractions  shall  continue  liable  to  the  payment  of  their  relative  pro- 
portions of  all  taxes  necessary  to  pay  the  interest  on  any  bonds 
that  may  have  been  issued  in  aid  of  any  subscription  of  stock,  and 
to  pay  said  bonds  until  the  same  are  fully  paid." 

Mr.  GARDNER  offered  the  following  as  an  amendment  to  the  sec- 
tion proposed  by  Mr.  House : 


372 

"And  the  General  Assembly  shall  have  power,  by  appropriate 
legislation,  to  enforce  the  provisions  of  this  section." 

Which  was  accepted  by  Mr.  HOUSE. 

Mr.  MABRY  proposed  to  amend  the  section  as  follows : 

"  Provided,  The  railroad  for  which  the  liability  was  incurred 
passes  through  any  part  of  the  territory  taken  off  to  form  a  new 
county,  or  within  three  miles  of  the  same." 

Mr.  HOUSE,  of  Montgomery,  moved  to  lay  the  amendment  of 
Mr.  Mabry  on  the  table. 

Mr.  MABRY  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  lay  on  the  table  sustained. 

Yeas 60 

Nays 8 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Blizard,  Brandon,  Branson, 
Britton,  Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Bur- 
ton, Byrne,  Carter,  Chowning,  Coffin,  Cummings,  Deaderick, 
Deavenport,  Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Fin- 
ley,  Gardner,  Garner,  Gaut,  Gibson,  Gordon,  Heiskell,  Henderson, 
Hill  of  Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of 
Davidson,  etc.,  Ivie,  Jones  of  Giles,  Kennedy,  Key,  Kirkpatrick, 
Kyle,  McDougal,  McNabb,  Martin,  Meeks,  Morris,  Netherland, 
Nicholson,  Parker,  Porter  of  Haywood,  Sample,  Shepard,  Shelton, 
Staley,  Stephens,  Thompson  of  Davidson,  Turner,  Warner,  Wil- 
liamson and  Wright — 60. 

Those  voting  in  the  negative  are : 

Messrs.  Bate,  Burkett,  Gibbs,  Mabry,  Porter  of  Henry,  Seay, 
Thompson  of  Maury  and  Walters — 8. 

Mr.  HOUSE'S  amendment  was  then  adopted. 

Mr.  FENTRESS  offered  the  following  amendment : 

Provided,  however,  That  no  part  of  an  old  county   shall  be  taken 

off  without  the  consent  of  one-third  of  the  qualified  voters  of  such 

county. 

Mr.  SEAY  demanded  the  yeas  and  nays  on  the  adoption  of  the 

amendment,  which  were  ordered,  and  the  amendment  rejected. 

Yeas 22 

Nays 47 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Blackburn,  Brandon,  Byrne,  Coffin,  Cummings, 
Deaderick,  Dromgoole,  Fentress,  Fin  ley,  Garner,  Heiskell,  Jones  of 


373 

Giles,  Kennedy,  Morris,  Netherland,  Porter  of  Hay  wood,  Shelton, 
Staley,  Stephens,  Williamson  and  Wright — 22. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Bate,  Baxter,  Blizard,  Branson,  Britton,  Brooks, 
Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Car- 
ter, Chowning,  Deavenport,  Dibbrell,  Doherty,  Fielder,  Gardner, 
Gaut,  Gibbs,  Gibson,  Gordon,  Henderson,  Hill  of  Warren,  Hill  of 
Gibson,  House  of  Montgomery,  etc.,  Ivie,  Key,  Kirkpatrick,  Kyle, 
Mabry,  McDougal,  McNabb,  Martin,  Meeks,  Nicholson,  Parker, 
Porter  of  Henry,  Sample,  Seay,  Shepard,  Thompson  of  Davidson, 
Turner,  Walters  and  Warner — 47. 

Mr.  GIBBS  moved  to  amend  by  striking  out  all  after  the  word 
"  voters  "  in  the  third  line,  to  the  word  "  provided  "  in  the  tenth 
line,  and  insert  "  no  old  county  shall  be  reduced  iu  forming  a  new 
county  to  a  less  territory  than  450  square  miles,  and  no  section  of 
an  old  county  shall  be  taken  off  to  form  a  new  one,  or  be  trans- 
ferred to  another,  without  a  majority  of  the  voters  of  said  section 
voting  therefor." 

Mr.  BAXTER  moved  to  lay  the  amendment  on  the  table. 
Mr.   HILL,  of  Gibson,  demanded  the  yeas  and  nays,  and  the 
motion  to  lay  on  the  table  sustained. 

Yeas 44 

Nays 16 

Those  voting  in  the  affirmative  are : 

Messrs.  Arledge,  Bate,  Baxter,  Brandon,  Britton,  Brown  of 
Davidson,  Brown  of  Henry,  etc.,  Burton,  Byrne,  Carter,  Chown- 
ing, Coffin,  Cummings,  Cypert,  Deaderick,  Finley,  Gardner,  Gar- 
ner, Gordon,  Heiskell,  Henderson,  Hill  of  Gibson,  House  of  Wil- 
liamson, House  of  Montgomery  etc.,  Ivie,  Jones  of  Giles,  Kennedy, 
Key,  Kyle,  McDougal,  McNabb,  Meeks,  Morris,  Nicholson,  Parker, 
Porter  of  Hay  wood,  Porter  of  Henry,  Sample,  Shelton,  Staley, 
Stephens,  Turner,  Walters  and  Wright — 44. 

Those  voting  in  the  negative  are  : 

Messrs.  Blizard,  Branson,  Brooks,  Burkett,  Deavenport,  Dib- 
brell, Doherty,  Gaut,  Gibbs,  Gibson,  Hill  of  Warren,  Kirkpatrick, 
Mabry,  Martin,  Seay,  Thompson  of  Maury,  and  Warner — 16. 

Mr.  KIRKPATRICK  offered  the  following  amendment  : 
"  A  new  county  may  be  formed  out  of  territory  made  up  of  por- 
tions of  Grainger,  Jefferson  and  Greene  Counties,  but  no   line  of 
such  county  shall   approach   the  Court-house  of  Grainger  County 
nearer  than  the  Holston  River  at  the  point  nearest  said  Court-house, 


374 

nor  shall  any  line  thereof  approach  the  Court-house  of  Jefferson 
County  nearer  than  eleven  miles,  nor  the  Court-house  of  Greene 
County  nearer  than  to  begin  at  the  town  of  Warrensburg,  on  the 
Nolicliucky  River,  thence  directly  to  Bull's  Gap;  Provided,  That 
neither  of  said  old  counties  shall  be  reduced  below  500  square 
miles." 

Which  was  adopted  by  the  Convention. 

Mr.  GARDNER  offered  the  following  amendment : 

Strike  out  lines  one  and  two  and  insert  "  out  of  that  portion  o^ 

Obion  County  lying  west  of  low  water  mark,  on  the  east  side  o* 

Reel  Foot  Lake." 

Which  was  rejected,  and  the  provision,  as  reported  by  the  Com- 
mittee, was  adopted.. 

To  the  provision  authorizing  the  formation  of  a  new  county  out 
of  portions  of  Smith,  Macon  and  Sumner,  Mr.  ALLEN  offered  the 
following  amendment : 

Provided,  That  nothing  herein  contained  shall  exempt  that  por- 
tion of  Smith  County,  thus  detached,  from  the  payment  of  its  due 
proportion  of  the  debts  of  said  county,  contracted  previous  to  such 
separation. 

Which  was  adopted,  and  the  provision,  as  thus  amended,  was 
adopted. 

Yeas ...35 

Nays 22 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Blizard,  Branson,  Britton,  Brooks,  Brown  of 
Davidson,  Burkett,  Byrne,  Chowning,  Coffin,  Cummings,  Deader- 
ick,  Deavenport,  Dibbrell,  Fielder,  Gardner,  Gibbs,  Gibson,  Gor- 
don, Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Kyle,  Mabry, 
McNabb,  Martin,  Nicholson,  Parker,  Sample,  Seay,  Shepard,  Tay- 
lor, Thompson  of  Maury,  Walters  and  Warner — 35. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Bate,  Baxter,  Brown  of  Henry,  etc.,  Burton, 
Boherty,  Fentress,  Finley,  Garner,  Gaut,  House  of  Montgomery, 
etc.,  Jones  of  Giles,  Kennedy,  Key,  Porter  of  Haywood,  Porter  of 
Henry,  Shelton,  Staley,  Turner,  Williamson  and  Wright — 22. 

Mr.  MABRY  entered  a  motion  to  reconsider  the  vote,  the  consider- 
ation of  which,  en  motion  of  Mr.  Thompson,  of  Maury,  was  post- 
poned until  Monday  next. 

To  the  proposition  to  form  a  new  county  out  of  portions  of  Jack- 
son and  Overtoil,  Mr.  BROOKS  proposed  to  amend  by  adding : 


375 

"  Said  new  county  shall  contain  not  less  than  400  qualified  voters, 
nor  shall  the  area  of  either  of  said  old  counties  be  reduced  below 
450  square  miles." 

Which  was  adopted,  and  the  section,  as  thus  amended,  adopted. 

Mr.  NICHOLSON  offered  the  following  amendment : 

In   line   1,  paragraph  3,  after  the  word  "  of"  insert  the  word 

"  Lewis/'  so  that  it  will  read  :  u  The  Counties  of  Lewis,  Cheatham 

and  Sequatchie,"  etc. 

Which  was  adopted,  and  the  paragraph  as  thus  amended  was 
adopted. 

Mr.  CARTER  offered  an  amendment  declaring  that  the  county 
seat  of  Carter  County  shall  not  be  removed  without  the  concurrence 
of  two-thirds  of  the  Legislature. 

Mr.  BATE  offered  the  following  as  an  amendment  to  Mr.  Carter's 
amendment : 

Nor  shall  the  seat  of  justice  in  the  County  of  Tipton  be  removed 
without  a  majority  of  two-thirds  of  the  qualified  voters  of  said 
county  vote  therefor. 

Mr.  GARNER  offered  the  following  in  lieu  : 

Nor  shall  the  seat  of  justice  of  any  county  in  this  State  be  re- 
moved without  the  concurrence  of  two-thirds  of  the  qualified  voters 
in  the  respective  counties. 

Which  was  accepted  by  Messrs.  CARTER  and  BATE,  and  adopted 
by  the  Convention. 

Mr.  FIELDER  proposed  the  following  amendment  : 

Out  of  territory  made  up  of  fractions  of  Hay  wood,  Madison,  Gib- 
son and  Dyer  Counties,  included  in  the  bounds  set  forth  in  the  sec- 
ond section  of  an  act  passed  by  the  General  Assembly  of  the  State 
of  Tennessee,  on  the  20th  day  of  December,  1845,  entitled  "  An 
act  to  establish  the  County  of  Crockett  in  honor  of  and  to  perpetu- 
ate the  memory  of  David  Crockett,  one  of  Tennessee's  distinguished 
sons." 

Mr.  GARDNER  offered  the  following  amendment  to  Mr.  Fielder's 
proposition : 

Add  to  the  end  of  the  proposition,  "  Provided,  two-thirds  of  the 
qualified  voters  in  each  of  the  fractions  taken  to  make  said  county 
shall  vote  for  the  same.  And  provided  further ,  That  neither  of 
the  counties  from  which  such  fractions  are  taken,  shall  be  reduced 
below  500  square  miles.  And  provided  also,  That  said  new  county 
shall  not  contain  less  than  275  square  miles." 

Which  was  accepted  by  Mr.  FIELDER. 


376 

Mr.  PORTER,  of  Haywood,  moved  to  lay  the  amendment  on  the 
table. 

Mr.  FIELDER  demanded  the  yeas  and  nays,  which  were  ordered 
and  the  motion  to  lay  on  the  table  rejected : 

Yeas 24 

Nays 35 

Those  voting  in  the  affirmative  are: 

Messrs.  Arledge,  Bate,  Baxter,  Blizard,  Britton,  Brown  of  Henry, 
etc.,  Burkett,  Burton,  Coffin,  Fentress,  Gaiit,  Gibson,  Henderson, 
Hill  of  Gibson,  Jones  of  Giles,  Kennedy,  Key,  Mabry,  Porter  of 
Haywood,  Porter  of  Henry,  etc.,  Sample,  Shelton,  Staley  and 
Wright— 24. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Brandon,  Branson,  Brooks,  Brown  of  Davidson, 
Byrne,  Carter,  Chowning,  Cumniings,  Deaderick,  Deavenport,  Dib- 
brell,  Doherty,  Fielder,  Gardner,  Garner,  Gibbs,  Gordon,  Heiskell, 
Hill  of  Warren,  House  of  Montgomery,  etc.,  Ivie,  Kyle,  McNabb, 
Martin,  Nicholson,  Parker,  Seay,  Shepard,  Taylor,  Thompson  of 
Maury,  Turner,  Walters,  Warner  and  Williamson — 35 

On  motion  of  Mr.  BROWN,  of  Davidson,  the  further  considera- 
tion of  the  proposition  was  postponed  until  Monday  next. 

Mr.  MABRY  entered  a  motion  to  reconsider  the  vote  adopting 
Section  1,  Article  IX. 

Mr.  THOMPSON,  of  Maury,  offered  the  following  amendment : 
"  Out  of  territory  made  up  of  fractions  of  Maury,  Williamson, 
Rutherford,  Marshall  and  Bedford,  a  county  may  be  established, 
but  in  no  case  shall  the  line  of  said  new  county  approach  the  county 
sites  of  any  of  the  counties  from  the  territory  of  which  said  new 
county  is  made  up  nearer  than  eleven  miles,  except  that  the  line  of 
said  new  county  may  approach  the  Court-house  of  Marshall  County 
as  near  as  the  northern  bank  of  Duck  River.  But  Marshall  County 
shall  not  be  reduced  below  350  square  miles. 

The  consideration  of  the  amendment  was  postponed  until  Mon- 
day next. 

Mr.  PRESIDENT  BROWN,  Mr.  Kennedy  in  the  Chair,  offered  the 
following  resolution  : 

Resolved,  That  the  Counties  of  Tipton,  Fayette,  Henry,  Lincoln, 
Haywood,  Henderson,  Rutherford,  Giles,  Bedford,  Franklin,  Rob- 
ertson, Roane,  Dickson,  Blount,  DeKalb,  Sullivan,  Hardeman, 
Madison,  Carroll,  Knox  and  Montgomery,  shall  not  be  reduced 
below  the  number  of  square  miles  now  included  in  their  present 
boundaries. 


377 

Mr.  President  BEOWN  called  for  the  question  on  his  resolution. 

Mr.  THOMPSON,  of  Maury,  moved  that  the  Convention  adjourn 
until  Monday  morning  at  9  o'clock. 

Mr.  GAENER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  adjourn  adopted. 

Yeas 33 

Nays         27 

Those  voting  in  the  affirmative  are : 

Messrs.  Bate,  Blizard,  Brandon,  Britton,  Brown  of  Davidson, 
Burkett,  Burton,  Carter,  Chowning,  Coffin,  Cummings,  Deaven- 
port,Dibbrell,  Doherty,  Fielder,  Gardner,  Gibbs,  Gordon,  Heiskell, 
Key,  Kyle,  Mabry,  McNabb,  Martin,  Nicholson,  Sample,  Seay, 
Shepard,  Taylor,  Thompson  of  Maury,  Warner,  Williamson  and 
Wright— 33. 

Those  voting  in  the  negative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Branson,  Brooks,  Brown  of  Henry, 
Byrne,  Deaderick,  Fentress,  Finley,  Garner,  Gaut,  Gibson,  Hender- 
son, Hill  of  Warren,  Hill  of  Gibson,  House  of  Montgomery,  etc., 
Ivie,  Jones  of  Giles,  Kennedy,  Parker,  Porter  of  Haywood,  Shelton, 
Staley,  Turner,  Walters  and  President  Brown — 27. 


MONDAY  MORNING,  FEBRUARY  21,  1870. 

The   Convention  met   pursuant   to   adjournment,  Mr.  President 
BBOWN  in  the  Chair. 

The  Journal  of  Saturday  was  read  and  approved. 

EEPOET  ON  MEMOEIALS. 

Mr.  SEAY,  from  the  Committee  on  New  Counties  and  County 
Lines  iTuulc  the  following  report : 

The  Committee  have  directed  me  to  report  that  they  have  had 


378 

under  consideration  the  memorials  from  citizens  o£  Coffee,  l-Yank- 
lin,  Lincoln  and  Bedfo?-d  <•< unities,  and  of  citizens  of  ('annon, 
Smith,  I  )eKalb,  Wilson  ami  Rutherford  counties,  and  recommend 

them  to  the  consideration  of  tin-  <  -oil  vent  ion. 

Tin-    memorial    from    the    .Juslie.  Vace  of   Montgomery 

County  asking  for  the  restoration  of  fractions  of  Robertson  ( 'ouuty, 
i  returned  for  the  consideration  of  the  Convention,  and  lor  such 

action  as  may  he  deemed  proper;  the  <  -ommil  lee  make  no  recorn- 
mendation  in  regard  thereto. 

The  memorial  from  citi/ens  of  (Irumly  asking  that  a  porlion  of 
(Jrundy  County  he  attached  to  (Police  (Bounty,  is  returned  and  re- 
commended hy  the  Committee  to  t  lie  respect  fid  consideration  ol  this 

body, 

The  memorials  from  citizens  of  Roane,  Monroe  and  liloimt.  ask- 
ing for  a  new  county  to  be  formed  out  of  territory  made  up  of  frac- 
tions of  said  counties,  which  were  remanded  to  the  Committee,  are 
a^ain  returned,  and  the  same  recommended  to  the  respectful  consid- 
eration of  the  (  onvention,  believing  them  to  be  entitled  to  such  by 

this  body. 

The  Committee  ask  to  be  discharged  from  the  furtlu T  consider* 

Jltion  of  the  m:i.|.ters  referred. 

All  of  which  is -respectfully  submitted. 

<;KOR<JK  K.  SIOAY-, 

Fehruary  '21,   I«70.  Chairman. 


IMUNTINU   TIIK  .IOIIUNAI.S. 

Mr.  8EAY    Called    UJ)  the   resolution  heretofore  offered  by  him  ill 
relation    tO   the    printing  of  the   »Joui-nal,  etc.,  which    was  taken  up, 

read,  and  on  motion  of  -  -  was  passed  over  informally. 


.M  i;y  TKIALS. 
Mr.  Si  i  i.i'  A  i;  i  >  oil  (fed  I  li<    tol  lo\\  i  IP-  as  an   independent  section  : 

Article  — ,  Section  — .     Kverv    white   person    put   upon    trial, 

eharjcd   with    any  crime    or    misdemeanor,  shall    have    empannelled 
for  the  trial  of  the  same  a   jury  of  white  men,  and  in  all    civil    • 
where  the  plaintiff  or  defendant  is  a.  while  person    the  jury  shall  be 
eximposed  of  white  men. 

Which   lies  over  under  the  rule. 

\i:\V  COUNTIF.s. 

Mr.   KI;Y  olfered  the    followin;1    amendment    to  the  report  of  !)'• 
(  'ommiliee  on    N'ew  <  Bounties  : 


379 

Out  of  territory  made  up  of  fractions  of  the  Counties  of  Monroe, 

nl  Bloimt  around  the  town  of  Loudon  ;  but  no  line  of  such 

muni v  -hall  <  \»  r  approach  the  court-house  of  any  of  the  old  coun- 

neurer   than  eleven   miles,  excepting  that  on  the  south  side  of 

the  Tennessee  River  said  lines  may  approach   within  ten  miles  of 

the  county  seat  of  Roane   County,  but  on   the  north  side  of  said 

river  no  line  shall  approach  nearer  than  eleven  miles. 

Mr.  STALE Y  offered  the  following  amendment : 
"Provided,  That  Roane  County  shall  never  be  reduced  below  625 
square  miles." 

Mr.  FINLEY  offered  the  following  amendment : 

Provided,  That  such  portions  of  said  counties  as  may  be  taken 
off  to  form  the  new  county  shall  still  remain  liable  for  their  pro- 
portionable part  of  all  debts  contracted  and  owing  prior  to  the  for- 
mation of  such  new  county. 

Mr.  KEY  moved  to  lay  the  amendments  on  the  table. 

Mr.  GIBSON  demanded  a  division  of  the  question,  which  was  or- 
dered, and  a  vote  taken  to  lay  the  amendment  of  Mr.  Finley  on 
the  table,  and  it  was  rejected. 

Yeas 24 

Nays 40 

Those  voting  in  the  affirmative  are: 

Messrs.    Blizard,  Brown  of  Davidson,  Burkett,  Burton,  Carter, 

Chowning,  Deaderick,  Dibbrell,  Doherty,  Fulkerson,  Gaut,  Gibbs, 

Gordon,  Henderson,  House  of  Williamson,  House  of  Montgomery, 

Kennedy,    Key,   Mabry,    Nicholson,  Thompson  of   Davidson, 

Walters,  Warner  and  Wright — 24. 

Those  voting  in  the  negative  are  i 

Messrs.  Allen,  Arledge,  Bate, Baxter,  Brandon,  Branson,  Britton, 
Brown  of  Henry,  etc.,  Byrne,  Campbell,  Coffin,  Cypert,  Deaven- 
port,  Fentress,  Fielder,  Finley,  Gardner,  Garner,  Gibson,  Heiskell, 
Hill  of  Wareu,  Hill  of  Gibson,  Ivie,  Jones  of  Giles,  Kyle,  Mc- 
Doutral,  McXabb,  Martin,  Meeks,  Morris,  Xetherland,  Parker, 
Porter  of  Hay  wood,  Porter  of  Henry,  Sample,  Seay,  Shelton, 
Staley,  Stephens  and  Thompson  of  Maury — 40. 

A  vote  was  taken  on  the  motion  to  lay  Mr.  Staley's  amendment 
on  the  table  and  it  was  adopted. 

Yeas 49 

Xays 16 

Those  voting  in  the  affirmative  are : 

M«-.-rs.  Alien,  Arledge,  Baxter,  Blizard,  Brandon,  Branson,  Brit- 


380 

ton,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton, 
Byrne,  Carter,  Chowning,  Cypert,  Deaderick,  Dibbrell,  Doherty, 
Fielder,  Fulkerson,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Gordon, 
Heiskell,  Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of 
Williamson,  House  of  Montgomery,  etc.,  Ivie,  Kennedy,  Key, 
Kyle,  Mabry,  McDougal,  McNabb,  Martin,  Meeks,  Nicholson, 
Porter  of  Haywood,  Seay,  Shepard,  Thompson  of  Davidson,  Thomp- 
son of  Maury,  Walters  and  Warner — 49. 

Those  voting  in  the  negative  are : 

Messrs.  Brooks,  Campbell,  Coffin,  Deavenport,  Fentress,  Finley, 
Jones  of  Giles,  Morris,  Parker,  Porter  of  Henry,  Sample,  Shelton, 
Staley,  Stephens,  Turner  and  Wright — 16. 

Mr.  FINLEY'S  amendment  was  then  adopted. 

Mr.  STALEY  demanded  the  yeas  and  nays  upon  the  adoption  of 
Mr.  Key's  amendment  as  amended,  and  it  was  adopted. 

Yeas 45 

Nays 14 

Those  voting  in  the  affimative  are : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Blizard,  Brandon,  Branson, 
Britton,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Byrne,  Carter, 
Chowning,  Cypert,  Deaderick,  Deavenport,  Dibbrell,  Doherty, 
Fielder,  Fulkerson,  Gardner,  Gaut,  Gibbs,  Gibson,  Gordon,  Heis- 
kell, Henderson,  Hill  of  Warren,  House  of  Williamson,  Ivie,  Ken- 
nedy, Key,  Kyle,  Mabry,  McNabb,  Martin,  Netherland,  Nicholson, 
Parker,  Sample,  Seay,  Shepard,  Thompson  of  Davidson,  Thomp- 
son of  Maury,  Walters  and  Warner — 45. 

Those  voting  in  the  negative  are  : 

Messrs.  Brown  of  Davidson,  Coffin,  Fentress  Finley,  Garner, 
Hill  of  Gibson,  Jones  of  Giles,  Morris,  Porter  of  Henry,  Shelton, 
Staley,  Stephens,  Turner  and  Wright — 14. 

Mr.  MARTIN  offered  the  following  amendment : 

That  portion  of  the  territory  of  Marion  County  situated  within 
the  following  boundary,  viz  :  Beginning  on  the  Grundy  and  Marion 
county  line  at  the  Nickajack  trace,  and  running  about  six  hundred 
yards  west  of  Benjamin  Posey's  to  where  the  Tennessee  Coal  Rail- 
road crosses  the  line,  and  running  thence  south-east  through  the 
Pocket,  near  William  Summers,  crossing  the  Battle  Creek  Gulf  at  the 
corner  of  Thomas  Wooten's  field,  thence  running  across  the  Little 
Gizzard  Gulf  at  Raven  Point,  thence  in  a  direct  line  to  the  bridge 
crossing  the  Big  Fiery  Gizzard,  thence  in  a  direct  line  to  the  mouth 
of  Holy  Water  Creek,  thence  up  said  creek  to  Grundy  County 
line,  and  thence  running  with  said  line  to  the  beginning,  shall  be, 


381 

and   is  hereby  detached  from  Marion   County  and  attached  to  the 
County  of  Grundy. 

Mr.  BYRNE  demanded  the  yeas  and  nays  on  the  adoption  of  the 
amendment,  which  were  ordered,  and  the  amendment  adopted. 

Yeas 44 

Nays 18 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Brandon,  Branson,  Britton, 
Brooks,  Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burton,  Carter, 
Chowning,  Cypert,  Deaderick,  Deavenport,  Doherty,  Fielder,  Ful- 
kerson,  Gardner,  Gibbs,  Gibson,  Gordon,  Hill  of  Warren,  Hill  of 
Gibson,  House  of  Montgomery,  etc.,  Ivie,  Kyle,  Mabry,  McNabb, 
Martin,  Meeks,  Morris,  Netherland,  Nicholson,  Parker,  Sample, 
Srny,  Shepard,  Staley,  Stephens,  Thompson  of  Davidson,  Thomp- 
son of  Maury,  "Warner  and  President  Brown — 44. 

Those   voting  in  the  negative  are : 

Messrs.  Bate,  Byrne,  Campbell,  Coffin,  Dibbrell,  Fentress,  Gar- 
ner, Heiskell,  Henderson,  House  of  Williamson,  Jones  of  Giles, 
Kennedy,  Key,  Porter  of  Hay  wood,  Porter  of  Henry,  Sbelton, 
Turner  and  Wright — 18. 

On  motion  of  Mr.  TURNER,  the  motion  of  Mr.  Mabry  to  recon- 
sider the  vote  adopting  the  report  of  the  Committee  in  relation  to 
the  formation  of  a  new  county  out  of  portions  of  Smith,  Macon  and 
Sumner,  was  taken  up,  and  the  motion  to  reconsider  adopted : 
Thereupon, 

Mr.  SEAY  offered  the  following  in  lieu  : 

"  Out  of  territory  made  up  of  fractions  of  Sumner,  Smith  and 
Macon  counties,  but  no  line  of  said  county  shall  run  nearer  than 
ten  miles  to  the  Court-houses  of  Smith  and  Sumner  counties — nor 
so  as  to  include  any  territory  of  Macon  county  lying  within  nine 
and  a  half  miles  of  the  Court-house  of  Macon  county — and  not 
more  than  twenty  square  miles  of  Macon  county  shall  be  taken  to 
form  said  county — nor  shall  any  part  of  Sumner  county  be  taken 
which  lies  west  of  the  western  boundary  of  Macon  county. 

No  fraction  shall  be  taken  off  unless  two-thirds  of  the  qualified 
voters  of  said  fraction  vote  for  it  and  the  fraction  so  taken  off  shall 
pay  its  pro  rata  share  of  the  debts  of  the  old  county  contracted  pre- 
vious to  such  separation." 

Which  was  adopted  in  lieu,  and  the  clause  as  thus  amended  was 
adopted  by  the  Convention. 

Mr.  SEAY  moved  to  reconsider  the  vote  adopting  the  amendment 


382 

and  further  moved  to  lay  the  motion  to  reconsider  on  the  tab'e, 
which  latter  motion  was  adopted. 

Mr.  BROWN,  of  Henry,  submitted  the  following  resolution  : 

Resolved,  That  all  further  consideration  of  the  subject  of  new 
counties  and  county  lines,  be  indefinitely  postponed,  and  that  no 
proposition  looking  to  the  formation  of  a  new  county  shall  hereafter 
be  considered  except  Section  5,  Article  X. 

Mr.  THOMPSON,  of  Maury,  objected  to  the  consideration  of  the 
resolution,  and  it  was- -laid  over  under  the  rule. 

Mr.  PORTER,  -of  Henry,  moved  the  indefinite  postponement  of  all 
pending  propositions,  and  the  report  of  the  Committee  on  New 
Counties  undisposed  of. 

Mr.  GIBBS  demanded  the  yeas  and  nays  on  the  motion  to  post- 
pone, which  were  ordered,  and  the  motion  adopted : 

Yeas 34 

Nays 21 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Baxter,  Brandon,  Brit  ton,  Brown  of 
Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Campbell, 
Chowning,  Coffin,  Doherty,  Fielder,  Gardner,  Garner,  Gordon, 
Heiskell,  Henderson,  Hill  of  Gibson,  House  of  Williamson,  Ivie, 
Kennedy,  Meeks,  Morris,  Porter  of  Haywood,  Porter  of  Henry, 
Sample,  Shepard,  Shelton,  Stephens,  Thompson  of  Davidson,  Turner 
and  Wright— 34. 

Those  voting  in  the  negative  are  : 

Messrs.  Branson,  Brooks,  Cypert,  Deaderick,  Dibbrell,  Gibbs, 
Gibson,|Hill  of  Warren,  Jones  of  Giles,  Key,  Kyle,  Mabry,  McNabb, 
Martin,  Netherland,  Nicholson,  Parker,  Seay,  Taylor,  Thompson  of 
Maury  and  Warner — 21. 

Mr.  JONES,  of  Giles,  offered  the  following  proviso  : 
Provided,  "That  no  territory  shall  be  detached  from  any  old 
county  to  form  anew  county,  or  to  be  attached  to  another  county, 
without  the  consent  of  two. fifths  of  the  qualified  voters  of  said  old 
county — excepting  such  counties  as  have  already  been  specially  au- 
thorized by  this  Convention." 

Mr.  JONES  demanded  the  yeas  and  nays  on  the  adoption  of  the 
proviso,  which  were  ordered,  and  it  was  rejected : 

Yeas 24 

Nays 35 

Those  voting  in  the  affirmative  are : 

.Messrs.    Arledge,    Bate,  .Brandon,    Coffin,   Deaderick,,   Doherty; 


383 

Fentress,  Fulkerson,  Heiskell,  Hill  of  Gibson,  House  of  William- 
son, Jones  of  Giles,  Kennedy,  Key,  Morris,  Nicholson,  Porter  of 
Henry,  Sample,  Shelton,  Stephens.  Thompson  of  Davidson,  Turner 
and  Wright— 24. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Baxter,  Branson,  Britton,  Brooks,  Brown  of  David- 
son, Burkett,  Burton,  Campbell,  Carter,  Chowning,  Gumming  s, 
Cypert,  Fielder,  Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Gordon, 
Henderson,  Hill  of  Warren,  House  of  Montgomery,  etc.,  Ivie,  Kyle, 
Mabry,  McNabb,  Martin,  Meeks,  Netherland,  Parker,  Seay,  Taylor, 
Thompson  of  Maury  and  Warner — 35. 

Mr,  GIBBS  submitted  the  following  proviso : 

Provided,  That  the  foregoing  provision  requiring  a  two-thirds 
majority  of  the  voters  of  a  county  to  remove  its  county  seat  shall 
not  apply  to  the  counties  of  Obion  and  Cocke, 

Which  was  adopted  by  the  Convention. 

REVISION. 

Mr.  TURNER  offered  the  following  resolution  : 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the  Com- 
mittee on  Revision  and  Enrollment  shall  leave  out  of  Article  XI, 
Section  12,  all  after  Common  Schools  in  line  18. 

Which  was  adopted. 

NEW  COUNTIES. 

Mr.  DEADERICK  offered  the  following  as  an  independent  section : 
In  all  cases  when  a  new  county,  or  new  counties,  may  be  formed 
or  created  oat  of  portions  or  fractional  parts  of  other  counties, 
that  such  portions  or  fractional  parts  as  may  be  taken  off  of  other 
counties  in  the  formation  of  such  new  county  or  new  counties 
shall  be  responsible  and  liable  for  such  part  of  said  old  county  or 
counties7  indebtedness,  in  proportion  to  the  amount  of  the  taxable 
property  in  the  several  fractional  parts  so  taken  off,  to  the  whole 
amount  of  taxables  in  the  original  county  or  counties  from  which 
said  fractional  part  or  parts  may  be  taken. 

Mr.  GIBSON  offered  the  following  in  lieu  : 

"  The  fractions  taken  from  old  counties  to  form  new  counties,  or 
taken  from  one  county  and  added  to  another,  shall  continue  liable 
for  the  ir  pro  rata  of  all  debts  contracted  by  their  respective  counties 
prior  to  the  separation  of  such  fractions. 

Which  was  accepted  by  Mr.  DEADERICK. 


384 

Mr.  CYPERT  demanded  the  yeas  and  nays  on  the  .adoption  of  the 
Section  in  lieu,  which  were  ordered. 

The  hour  of  recess  having  arrived  the  Convention  adjourned  until 
2  o'clock  P.  M. 


AFTERNOON  SESSION. 


The  Convention  proceeded  to  vote  on  Mr.  GIBSON'S  proposition 
and  it  was  adopted : 

Yeas 37 

Nays 16 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Arledge,  Bate,  Brandon,  Britton,  Brooks,  Brown 
of  Henry,  etc.,  Chowning,  Coffin,  Cummings,  Cypert,  Deaderick, 
Dibbrell,  Fentress,  Fulkerson,  Gardner,  Gibson,  Heiskell,  Hill  of 
Gibson,  House  of  Williamson,  I  vie,  Jones  of  Giles,  Kennedy,  Kyle, 
Mabry,  McNabb,  Netherland,  Porter  of  Haywood,  Porter  of  Hen- 
ry, Shelton,  Staley,  Stephens,  Thompson  of  Davidson,  Turner, 
Walters,  Williamson  and  President  Brown — 37. 

Those  voting  in  the  negative  are : 

Messrs.  Baxter,  Brown  of  Davidson,  Burkett,  Carter,  Fielder, 
Garner,  Gibbs,  Henderson,  Hill  of  Warren,  House  of  Montgomery, 
etc.,  Key,  Martin,  Nicholson,  Seay,  Thompson  of  Maury,  and  War- 
ner— 16. 

On  motion  of  Mr.  HOUSE,  of  Williamson,  leave  of  absence  was 
granted  to  Mr.  Burton. 

The  resolution  of  Mr.  President  BROWN,  declaring  that  certain 
counties  shall  not  be  reduced  below  their  present  limits  was  call- 
ed up. 

Mr.  FIELDER  moved  to  lay  the  resolution  on  the  table,  and  de- 


385 

manded  the  yeas  and  nays,  which  were  ordered,  and  the  motion  to 
lay  on  the  table  sustained : 

Yeas i "...  41 

Xays 22 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Branson,  Britton, 
Brooks,  Brown  of  Davidson,  Burkett,  Carter,  Chowning,  Cummings, 
Cypert,  Dibbrell,  Doherty,  Fentress,  Fielder,  Gardner,  Gaut,  Gibbs, 
Gibson,  Henderson,  Hill  cf  Warren,  Hill  of  Gibson,  House  of  Mont- 

fmery,  etc.,    Key,    Kyle,    Mabry,   McDougal,  McNabb,    Martin, 
eeks,  Netherland,  Nicholson,  Parker,  Sample,  Seay,  Thompson  of 
Davidson,  Thompson  of    Maury,,  Turner  and  Warner — 41. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Bate,  Brown  of  Henry,  etc.,  Coffin,  Deaderick, 
Fulkerson,  Garner,  Heiskell,  House  of  Williamson,  I  vie,  Jones  of 
Giles,  Kennedy,  Morris,  Porter  of  Hay  wood,  Porter  of  Henry,  etc., 
Shelton,  Staley,  Stephens,  Taylor,  Walters,  Williamson  and  Presi- 
dent Brown— 22, 

On  motion  of  Mr.  GARNER  it  was  ordered  that  the  action  of  this 
Convention  on  the  subject  of  new  counties  and  county  lines,  be 
adopted  as  Section  4,  of  Article  X,  of  the  new  Constitution  of  Ten- 
nessee ;  and  that  the  Committee  on  Revision  have  the  same  enrolled 
accordingly. 

MISCELLANEOUS   PROVISIONS. 

On  motion  of  Mr.  TURNER  the  Convention  proceeded  to  the 
consideration  of  Article  XI. 

Section  1,  was  amended  by  adopting  the  amendment  recommend- 
ed by  the  Judicial  Department  as  follows : 

"  But  ordinances  contained  in  any  former  Constitution  or  schedule 
hereto,  are  hereby  abrogated." 

"The  time  which  has  elapsed  from  the  6th  day  of  May,  1861, 
until  the  1st  day  of  January,  1867,  shall  not  be  computed  in  any 
case  affected  by  the;  statutes  of  limitations,  nor  shall  any  writ  (if 
error  be  affected  by  such  lapse  of  times." 

Section  2  was  adopted  without  amendment. 

Section  3,  having  heretofore  been  amended,  was  adopted  as 
amended. 

Sections  4  and  5  were  adopted  without  amendment. 
25 


386 

Section  6,  as  amended,  giving  the  Legislature  power  to  pass  a 
conventional  rate  of  interest  not  to  exceed  ten  per  centum  per  an- 
num was  adopted. 

Sections  7  and  8  were  adopted  without  amendment. 

Mr.  HOUSE,  of  Williamson,  demanded  the  yeas  and  nays  on  the 
adoption  of  Section  9,  which  were  ordered  and  the  amendment 
adopted. 

Yeas.... 7....41 

Nays 19 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Brandon,  Branson,  Britton,  Brown  of 
Davidson,  Burkett,  Carter,  Chowning,  Coffin,  Cummings,  Cypert, 
Deaderick,  Dibbrell,  Doherty,  Fulkerson,  Gardner,  Gibson,  Gor- 
don, Henderson,  Hill  of  Warren,  Hill  of  Gibson,  House  of  Mont- 
gomery, etc.,  Key,  Kyle,  Mabry,  McDougal,  McNabb,  Martin, 
Meeks,  Netherland,  Nicholson,  Parker,  Porter  of  Henry,  etc.r  Sample, 
Seay,  Shepard,  Taylor,  Thompson  of  Maury,  Warner  and  Wright 
— 41. 

Those  voting  in  the  negative  are: 

Messrs.  Arledge,  Bate,  Brown  of  Henry,  etc.,  Fentress,  Fielder, 
Garner,  Gibbs,  Heiskell,  House  of  Williamson,  Ivie,  Kennedy, 
Morris,  Porter  of  Hay  wood,  Shelton,  Stephens,  Thompson  of 
Davidson,  Turner,  Walters  and  Williamson — 19. 

Section  10,  having  been  previously  acted  on,  was  passed  over  in- 
formally. 

Sections  11  and  J2  were  adopted  without  amendment. 
On  motion  of  Mr.  GARNER,  it  was  ordered  that  the  Article  be 
referred  to  the  Committee  on  Revision  and  Enrollment. 


SCHEDULE. 

On  motioH  of  Mr.  BAXTER,  £he  Convention  took  up  the  Sched- 
ule reported  by  the  Judiciary  Committee,  which  is  as  follows : 

Section  1.  That  no  inconvenience  may  arise  from  a  change  of  the 
Constitution,  it  is  declared  that  the  Governor  of  the  State,  the 
members  of  the  General  Assembly  and  all  officers  elected  at  or  after 
the  general  election  in  March,  1870,  shall  hold  their  offices  for  the 
terms  prescribed  in  this  Constitution. 

Mr.  HEISKELL  proposed  the  following  amendment,  to  be  in- 
serted at  the  end  of  the  third  line  of  said  report: 


387 

Officers  appointed  by  the  Courts  shall  be  filled  by  appointments, 
to  be  made  and  to  take  effect  during  the  first  term  of  the  Court  held 
by  Judges  elected  under  this  Constitution. 

Which  was  adopted  by  the  Convention. 

All  other  officers  shall  vacate  their  places  thirty  days  after  the 
day  fixed  for  the  election  of  their  successors  under  this  Constitu- 
tion. 

The  Secretary  of  State,  Comptroller  and  Treasurer  shall  hold 
their  offices  until  the  first  session  of  the  present  General  Assembly 
occurring  after  the  ratification  of  this  Constitution,  and  until  their 
successors  are  elected  and  qualified. 

The  officers  then  elected  shall  hold  their  offices  until  the  15th  day 
of  January,  1873. 

At  the  first  election  of  Judges  under  this  Constitution,  there 
shall  be  elected  six  Judges  of  the  Supreme  Court,  two  from  each 
grand  division  of  the  State,  who  shall  hold  their  offices  for  the  term 
herein  prescribed. 

In  the  event  any  vacancy  shall  occur  in  the  office  of  either  of 
said  Judges  at  any  time  after  the  first  day  of  January,  1873,  it  shall 
remain  unfilled,  and  the  Court  shall,  from  that  time,  be  constituted 
of  five  Judges, 

While  the  Court  shall  consist  of  six  Judges ;  they  may  sit  in  two 
sections  and  may  hear  and  determine  causes  in  each  at  the  same 
time,  but  not  in  different  grand  divisions  at  the  same  time. 

When  so  sitting  the  concurrence  of  two  Judges  shall  be  necessary 
to  a  decision. 

The  Attorney-General  and  Reporter  for  the  State  shall  be  ap- 
pointed after  the  election  and  qualification  of  the  Judges  of  the  Su- 
preme Court  herein  provided  for. 

Which  was  adopted  by  the  Convention. 

Mr.  HEISKELL  submitted  the  following  as  an  additional  section : 

Every  Judge  and  every  officer  of  the  Executive  Department  of 
this  State,  and  every  Sheriff  holding  over  under  this  Constitution 
shall,  within  twenty  days  after  the  ratification  of  this  Constitution 
is  proclaimed,  take  an  oath  to  support  the  same.  And  th  ,,  re 
of  any  officer  to  take  such  oath  shall  vacate  his  office. 

Which  was  adopted. 

On  motion  of  Mr.  GARNER,  it  was  ordered  that  the  Schedule  be 
referred  to  the  Committee  on  Revision. 


ORDINANCE. 

On  motipn  of  Mr.  GARDNER,  the  Convention  proceeded  to  the 


388 

consideration  of  th^e  Ordinance  reported  by  the  Committeee  on  Elec- 
tions and  Suffrage. 

Mr.  NICHOLSON  offered  the  following  amendments : 
On  page  2,  line  10,  Section  3,  strike  out  the  words  "  Secretary  of 
State,"  and  insert  the  words  '*  Speaker  of  the  Senate,"  and  in  line 
11  strike  out  the  words  "  Secretary  of  State  "  and  insert  the  words 
"President  of  the  Convention,"  and  in  line  14,  strike  out  the 
words  "  Secretary  of  State  "  and  insert  the  word  "  Governor ;"  so 
that  the  clause  will  read  as  follows : 

And  immediately  forward  by  mail  one  copy  of  said  certificates 
to  the  Governor,  and  one  to  the  Speaker  of  the  Senate  So  soon 
as  the  poll  books  are  deposited  with  the  County  Court  Clerks,  they 
shall  certify  to  the  President  of  the  Convention  an  accurate  state- 
ment of  the  number  of  votes  cast  for  and  against  the  "  New  Con- 
stitution," as  appears  in  said  poll  books.  And  if  any  of  said  re- 
turning officers  shall  fail  to  make  the  returns  herein  provided  for 
within  the  time  required,  the  Governor  shall  be  authorized  to  send 
special  messengers  for  the  result  of  the  vote  in  those  counties  where 
officers  have  so  failed  to  make  returns. 

Which  was  adopted  by  the  Convention. 

Mr.  NICHOLSON  offered  the  following  amendments  to  Section  4 : 
In  lines  1  and  2,  of  Section  4,  strike  out  the  words  "  Secretary 
of  State,"  and  insert  the  words  "  Speaker  of  the  Senate."  In 
line  4,  after  the  words  "  duty  of"  insert  the  following  words : 
(<  The  Governor,  Speaker  of  the  Senate  and  the  President  of  this 
Convention,  or  any  two  of  them,  to  append  to  the  Constitution  a 
certificate  of  the  result  of  the  votes,  from  which  time  the  Constitu- 
tion shall  be  established  as  the  Constitution  of  Tennessee. 

In  line  4,  strike  out  the  words  "  forthwith  to  "  and  insert  the 
™>rd"  shall." 

In  lines  5  and  6,  strike  out  the  following  words  : 
And  thereupon  the  new  Constitution  shall  be  ordained  and  estab- 
lished as  the  Constitution  of  the   State  of  Tennessee. 

The  section  •'§$  amended  will  read  as  follows  : 

4.  Upon  the  receipt  of  said  returns  it  shall  be  the  duty  of  the 
Governor,  Speaker  of  the  Senate  and  President  of  this  Convention, 
or  any  two  of  them,  to  compare  the  votes  cast  in  said  election,  and 
if  it  shall  appear  that  a  majority  of  all  the  votes  cast  for  and 
against  the  "  New  Constitution  "  was  cast  for  the  "  New  Constitu- 
tion," it  shall  be  the  duty  of  the  Governor,  Speaker  of  the  Senate 
and  President  of  this  Convention,  or  any  two  of  them,  to  append  a 
certificate  of  the  result  to  the  Constitution,  from  which  time  the 
Constitution  shall  be  ordained  and  established  as  the  Constitution 


389 

-r 

of  Tennessee,  and  the  Governor  shall  forthwith  make  proclamation 
of  the  fact  that  the  Constitution  has  been  ordained  and  established. 

Which  several  amendments  were  adopted,  and  the  Ordinance,  as 
thus  amended,  was  adopted  by  the  Convention. 

Ordered  that  the  Ordinance  be  referred  to  the  Committee  on  Re- 
vision and  Enrollment. 

RELIGIOUS    OBLIGATIONS. 

Mr.  HEISKELL,  from  the  Committee  on  the  Judiciary,  made  the 
following  report : 

The  Committee  on  the  Judicial  Department,  to  whom  has  been 
referred  the  memorial  of  the  Israelites,  have  considered  the  subject 
and  beg  leave  to  report,  and  recommend  the  passage  of  the  follow- 
ing as  a  section  of  the  Constitution : 

No  person  shall,  in  time  of  peace,  be  required  to  perform  any 
service  to  the  public  on  any  day  set  apart  by  his  religion  as  a  day 
of  rest. 

The  Legislature  may  by  law  exempt  any  religious  denomination 
or  race  of  people  from  the  operation  of  any  law  prohibiting  the  pur- 
suit of  secular  callings  on  stated  days. 

On  motion  of  Mr.  HEISKELL,  the  report  was  taken  up. 

Mr.  THOMPSON,  of  Davidson,  offered  the  following  amendment 
to  the  second  clause  : 

Which  shall  not  interfere  with  the  observance  of  the  Christian 
Sabbath  by  the  community,  nor  authorize  any  violation  of  it  as  es- 
tablished by  law. 

Mr.  CARTER  demanded  a  division  of  the  subject,  which  was  or- 
dered. 

A  vote  was  taken  on  Mr.  THOMPSON'S  amendment,  and  it  was 
rejected. 

A  vote  was  then  taken  on  the  first  clause  of  the  proposed  amend- 
ment, and  it  was  adopted. 

The  second  clause  was  rejected. 

Ordered  that  the  amendment  be  referred  to  the  Committee  on 
Revision. 

COUNTY   SUBSCRIPTIONS   TO   RAILROADS. 

Mr.  DOHERTY  called  up  his  resolution  to  except  certain  counties 
from  the  requirement  that  a  three-fourths  vote  shall  be  required  to 
subscribe  for  stock  in  railroads,  etc. 


390 

On  motion  of  Mr.  HILL,  of  Gibson,  the  resolution  was  laid  on 
the  table. 

COMMITTEE   DISCHARGED. 

Mr.  HEISKELL^  from  the  Judiciary  Committee,  reported  back  the 
proposition  of  Mr.  Porter  of  Haywood,  limiting  the  power  of  the 
Legislature  to  establish  Courts  of  Record,  and  asked  to  be  dis- 
charged from  its  further  consideration.  The  Committee  was  dis- 
charged accordingly. 

DISQUALIFICATIONS. 

Mr.  MABRY  called  up  his  motion  to  reconsider  the  vote  adopting 
Section  1,  of  Article  IX,  and  the  vote  adopting  said  section  was 
reconsidered. 

Mr.  CYPERT  demanded  the  yeas  and  nays  on  the  re-adoption  of 
the  section,  which  were  ordered,  and  the  section  readopted. 

Yeas 38 

Nays 24 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Arledge,  Bate,  Baxter,  Brandon,  Britton,  Brooks, 
Carter,  Coffin,  Cummings,  Deaderick,  Fentress,  Fielder,  Fulkerson,. 
Gardner,  Gamer,  Gibbs,  Gordon,  Heiskell,  Henderson,  Hill  of 
Warren,  Hill  of  Gibson,  House  of  Williamson,  House  of  Mont- 
gomery, etc.,  Jones  of  Giles,  Kennedy,  Kyle,  Mabry,  McNabb, 
Morris,  Netherland,  Shepard,  Shelton,  Stephens,  Thompson  of 
Davidson,  Thompson  of  Maury,  Warner  and  Wright — 38. 

Those  voting  in  the  negative  are : 

Messrs.  Branson,  Brown  of  Davidson,  Burkett,  Chowning,  Cypert, 
Dibbrell,  Doherty,  Gibson,  Ivie,  Key,  McDougal,  Martin,  Meeks, 
Nicholson,  Parker,  Porter  of  Haywood,  Porter  of  Henry,  etc., 
Sample,  Seay,  Staley,  Taylor,  Walters  and  Williamson — 24. 

Ordered,  that  Article  IX  be  referred  to  the  Committee  on  Re- 
vision. 

MERCHANTS'  TAX. 

Mr.  HOUSE,  of  Williamson,  offered  the  following  in  lieu  of  the 
proposition  submitted  by  him  on  Saturday  : 

The  capital  employed  by  merchants,  in  the  purchase  of  merchan- 
dise, shall  not  be  taxed  at  a  rate  higher  than  the  ad  valorem  tax  on 
property. 

Pending  the  consideration  of  said  proposition,  the  Convention 
adjourned  until  to-morrow  morning  at  9- o'clock. 


391 


TUESDAY  MORNING,  FEBRUARY  22,  1870. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  CAETER,  a  member  of  the  Convention. 
The  Journal  of  yesterday  was  read  and  approved. 

REPORT   ON   PRINTING. 

Mr.  GARNER,  from  the  Committee  on  Printing,  made  the  follow- 
ing report : 

The  majority  of  the  Committee  on  Printing,  to  whom  was  re- 
ferred the  resolutions  of  Messrs.  Williamson,  Turner  and  Seay,  re- 
lative to  copying  and  printing  the  Constitution  adopted  by  the 
Convention,  and  the  Journal  of  this  Body,  have  instructed  me  to 
report  the  following  resolution,  and  recommend  its  adoption  : 

Resolved ,  That  the  Secretary  of  this  Body  remain  at  Nashville 
after  the  final  adjournment  of  the  Convention,  and  procure  the 
printing  by  the  Public  Printers,  in  pamphlet  form,  of  thirty  thous- 
and copies  of  the  Constitution  adopted  by  this  body,  and  deliver 
four  hundred  copies  thereof  to  each  one  of  the  Delegates  to  this 
Convention  for  general  distribution  among  the  people  with  all  prac- 
ticable dispatch. 

Also,  that  the  Secretary  have  said  Constitution  printed,  as  early 
as  possible,  as  an  advertisement,  in  two  newspapers  ot  general  cir- 
culation, printed  at  Nashville,  two  at  Memphis,  and  two  at  Knox- 
ville,  and  in  one  paper  in  every  other  county  in  the  State  wherein 
a  newspaper  is  printed  ;  and  that  the  publishers  of  each  of  those 
papers  be  paid  fifty  dollars  therefor. 

Also,  that  the  Secretary  copy  the  Journal  of  the  Proceedings  of 
this  Body  in  a  well-bound  book,  written  in  a  fair  copy  hand,  and 
deposit  said  book  at  the  Capitol  among  the  archives  of  the  State ; 
and  that  he  procure  to  be  printed  by  the  Public  Printers,  on  good 
paper,  and  to  be  bound  in  sheep,  2500  copies  of  said  Journal,  first 
making  out  a  full  index  thereto,  and  deposit  250  copies  of  said 
Journal  with  the  State  Librarian,  and  that  he  deliver  30  copies  to 
each  Delegate  to  this  Body  for  distribution.  For  all  which  ser- 
vice the  Secretary  shall  receive dollars. 

Respectfully  submitted, 

JOHN  E.  GARNER,  Chairman. 

On  motion  of  Mr.  GARNER,  the  report  was  taken  up. 


392 

On  motion  of  Mr.  NICHOLSON,  that  part  requiring  the  Secretary 
to  cause  the  Constitution  to  be  printed  as  an  advertisement  in  dif- 
ferent newspapers,  was  stricken  out. 

Mr.  THOMPSON,  of  Davidson,  moved  that  100,000  copies  of  the 
Constitution  be  printed  for  general  distribution,  which  was  re- 
jected. 

Mr.  BAXTER  moved  to  print  75,000  copies  of  the  Constitution, 
and  demanded  the  yeas  and  nays,  which  were  ordered,  and  the  mo- 
tion rejected. 

Yeas 27 

Nays 35 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Branson,  Britton, 
Brooks,  Brown  of  Davidson,  Chowning,  Garner,  Gaut,  Gibson, 
Henderson,  House  of  Montgomery,  etc.,  Ivie,  Jones  of  Giles, 
McNabb,  Martin,  Netherland,  Parker,  Porter  of  Henry,  Sample, 
Shepard,  Shelton,  Taylor,  Thompson  of  Davidson  and  Wright — 27. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Brown  of  Henry,  etc.,  Carter,  Coffin,  Cum- 
mings,  Cypert,  Deaderick,  Dibbrell,  Doherty,  Dromgoole,  Fentress, 
Fielder,  Fulkerson,  Gibbs,  Gordon,  Heiskell,  Hill  of  Warren, 
Hill  of  Gibson,  House  of  Williamson,  Kennedy,  Key,  Kyle,  Mabry, 
McDougal,  Morris,  Nicholson,  Porter  of  Haywood,  Seay,  Staley, 
Stephens,  Thompson  of  Maury,  Turner,  Walters  and  Warner — 35. 

Mr.  GARNER  moved  to  print  50,000  copies,  and  demanded  the 
yeas  and  nays,  which  were  ordered,  and  the  motion  was  adopted. 

Yeas 38 

Nays 23 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Branson,  Britton, 
Brown  of  Davidson,  Chowning,  Cypert,  Deaderick,  Doherty,  Ful- 
kerson, Garner,  Gaut,  Gibson,  Gordon,  Henderson,  Hill  of  Warren, 
Hill  or  Gibson,  House  of  Williamson,  Ivie,  Jones  of  Giles,  Key, 
McNabb,  Martin,  Netherland,  Nicholson,  Parker,  Sample,  Seay,, 
Shepard,  Shelton,  Taylor,  Thompson  of  Davidson,  Thompson  of 
Maury,  Walters,  Warner  and  Wright — 38. 

Those  voting  in  the  negative  are : 

Messrs.  Arledge,  Brooks,  Brown  of  Henry,  etc.,  Carter,  Coffin, 
Cummings,  Dibbrell,  Dromgoole,  Fentress,  Fielder,  Finley,  Gard- 
ner, Heiskell,  Kennedy,  Kyle,  Mabry,  McDougal,  Morris,  Porter  of 
Haywood,  Porter  of  Henry,  Staley,  Stephens,  and  Turner^— 23. 


393 

Mr.  BTtoOKS  moved  to  print  55,000  additional  copies,  which  was 
rejected. 

On  motion  of  Mr.  GARNER,  the  compensation  to  be  allowed  the 
Secretary  for  the  services  required  in  the  resolution  of  the  commit- 
tee, was  fixed  at  $400. 

Mr.  HOUSE,  of  Montgomery,  etc.,  moved  to  reconsider  the  vote 
rejecting  that  part  of  the  resolution  which  authorized  the  printing  of 
the  Constitution  in  the  newspapers. 

Mr.  FIELDER  demanded  the  yeas  and  nays,  which  were  ordered, 
and  the  motion  to  reconsider  rejected. 

Yeas 30 

Nays 34 

Those  voting  in  the  affirmative  are : 

Messrs.  Baxter,  Blizard,  Brandon,  Brcoks,  Brown  of  Davidson, 
Burkett,  Chowning,  Cypert,  Deaderick,  Doherty,  Dromgoole,  Ful- 
kerson,  Garner,  Hill  of  Warren,  House  of  Williamson,  House  of 
Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Key,  Martin,  Porter  of 
Henry,  Sample,  Seay,  Shepard,  Shelton,  Thompson  of  Davidson, 
Thompson  of  Maury,  Turner,  Williamson  and  Wright — 30. 

Those  voting  in  the  negative  are  : 

Messrs.  Allen,  Arledge,  Branson,  Britton,  Brown  of  Henry,  etc., 
Barter,  Coffin,  Cummings,  Dibbrell,  Fentress,  Fielder,  Finley, 
Gardner,  Gaut,  Gibbs,  Gibson,  Gordon,  Heiskell,  Henderson,  Hill 
of  Gibson,  Kennedy,  Kyle,  Mabry,  McDougal,  McNabb,  Morris, 
Netherland,  Nicholson,  Parker,  Porter  of  Haywood,  Staley, 
Stephens,  Taylor,  Walters  andWarner — 34. 

On  motion  of  Mr.  WILLIAMSON,  it  was  ordered  that  $25  addi- 
tional be  allowed  the  Secretary  to  purchase  a  book  and  stationery 
for  the  purpose  of  closing  up  the  business  of  the  Convention. 

Mr.  SHEPARD  offered  the  following  resolution  : 

Resolved,  That  the  copies  of  the  amended  Constitution  shall  be 
distributed  among  the  several  counties  in  proportion  to  the  voting 
population  of  the  same. 

On  motion  of  Mr.  GARNER,  the  resolution  was  laid  on  the  table. 

Mr.  KENNEDY  offered  the  following  resolution  : 

Resolved,  That  the  roll  containing  the  draught  of  the  amended 
Constitution  adopted  by  this  Convention,  and  by  it  submitted  to  the 
people  for  their  ratification  or  rejection,  be  enclosed  by  the  Secre- 
tary in  a  case  suitable  for  its  preservation,  and  deposited  among  the 
archives  of  the  State. 

Which  was  adopted  by  the  Convention, 


394 

NEW  COUNTY, 

Mr.  MARTIN  offered  the  following  resolution : 

Resolved,  That  a  new  county  may  be  formed  out  of  fractions  of 
the  counties  of  Bedford,  Lincoln  and  Franklin,  so  as  to  take  a 
fraction  off  of  the  southeastern  part  of  the  County  of  Bedford,  a 
fraction  from  the  eastern  part  of  the  County  of  Lincoln,  and  a  frac- 
tion from  the  northwestern  part  of  the  County  of  Franklin,  so  as 
the  lines  of  said  new  county  shall  not  approach  the  county  seats  of 
either  of  said  Counties  of  Bedford,  Lincoln  and  Franklin,  nearer 
than  eleven  miles. 

The  resolution  was  ruled  out  of  order  by  the  Chair. 

Mr.  MARTEN  appealed  from  the  decision  of  the  Chair  and  de- 
manded the  yeas  and  nays,  which  were  ordered  and  the  decision  of 
the  Chair  sustained  : 

Yeas ...54 

Nays ,.. , 5 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Bate,  Baxter,  Brandon,  Branson,  Britton,  Brooks, 
Brown  of  Davidson,  Brown  of  Henry,  etc.,  Burkett,  Burton,  Carter, 
Chowning,  Coffin,  Cummings,  Cypert,  Deaderick,  Dibbrell,  Doherty, 
Dromgoole,  Fentress,  Fielder,  Fulkerson,  Gardner,  Garner,  Gibbs, 
Gibson,  Gordon,  Hill  of  Warren,  Hill  of  Gibson,  House  of  William- 
son, House  of  Montgomery,  etc.,  Ivie,  Jones  of  Giles,  Kennedy, 
Key,  Mabry,  McDougal,  McNabb,  Meeks,  Morris,  Nicholson,  Por- 
ter of  Haywood,  Porter  of  Henry,  Sample,  Seay,  Shepard,  Shelton, 
Stephens,  Taylor,  Thompson  of  Davidson,  Walters  and  Wright — 54. 

Those  voting  in  the  negative  are  : 

Messrs.  Henderson,  Kyle,  Martin,  Netherland  and  Warner — 5. 

THE   AMENDED    CONSTITUTION. 

Mr.  BAXTER  moved  that  the  Convention  proceed  to  read  the 
amended  Constitution. 

Mr.  NETHERLAND  demanded  the  yeas  and  nays,  and  the  motion 
was  adopted : 

Yeas 31 

Nays .29 

Those  voting  in  the  affirmative  are  : 

Messrs.  Allen,  Bate,  Baxter,  Brandon,  Brown    of  Henry,    etc., 


395 

Burkett,  Carter,  Dibbrell,  Doherty,  Fentress,  Fielder,  Gardner, 
Garner,  Gibbs,  Gordon,  Heiskell,  Hill  of  Gibson,  House  of  Wil- 
liamson, House  of  Montgomery,  etc.,  Kennedy,  Mabry,  McDougal, 
Porter  of  Hay  wood,  Porter  of  Henry,  Seay,  Shepard,  Shelton, 
Stephens,  Thompson  of  Maury,  Turner  and  Williamson — 31. 

Those  voting  in  the  negative  are : 

Messrs.  Branson,  Britton,  Brooks,  Chowning,  Coffin,  Cummings, 
Deaderick,  Dromgoole,  Fulkerson,  Gibson,  Henderson,  Hill  of  War- 
ren, Ivie,  Jones  of  Giles,  Key,  Kyle,  McNabb,  Martin,  Meeks, 
Morris,  Netherland,  Nicholson,  Parker,  Sample,  Taylor,  Thompson 
of  Davidson,  Walters,  Warner  and  Wright — 29. 

In  reading  the  Constitution  it  was  discovered  that  the  provision 
.in  relation  to  the  State  not  being  the  owner  or  stockholder  in  any 
bank  was  omitted,  and  it  was  ordered  to  be  interlined. 


NEW    COUNTY. 

Mr.  SEAY  offered  the  following  as  an  independent  Section  to 
Article  II. 

Resolved,  That  the  new  county  provided  to  be  established  out  of 
fractions  of  Sumner,  Macon  and  Smith  counties  when  established, 
shall  be  excepted  out  of  the  provisions  of  Section  29,  of  Article  II, 
requiring  the  assent  of  two-thirds  of  the  votes  cast  at  an  election 
for  a  county  to  become  a  stockholder  with,  or  to  give  or  loan  its 
credit  to  or  in  aid  of  any  person,  company,  association  or  cor- 
poration. 

Which  was  adopted  by  the  Convention.  , 


TAXES   AND    EXEMPTIONS. 

Mr.  STEPHENS  moved  a  modification  of  Section  28,  line  four,  by 
adding  after  the  word  "  producer  "  "  and  his  immediate  vendee." 

Mr.  GARDNER  demanded  the  yeas  and  nays,  which  were  order- 
ed, and  the  amendment  adopted. 

Yeas ...45 

Nays 14 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  BHzard,  Brooks,  Brown  of  Davidson,  Brown  of 
Henry,  etc.,  Burkett,  Barton,  Byrne,  Carter,  Chowning,  Coffin, 
Dibbrell,  Doherty,  Dromgoole,  Fentress,  Fielder,  Fulkerson,  Gibbs, 


396 

Gordon,  Heiskell,  Henderson,  Hill  of  Gibson,  House  of  William- 
son, Ivie,  Jones  of  Giles,  Kennedy,  Key,  Kyle,  Mabry,  McDougal, 
McNabb,  Martin,  Meeks,  Nicholson,  Porter  of  Hay  wood,  Seay, 
Stephens,  Taylor,  Thompson  of  Davidson,  Thompson  of  Maury, 
Turner,  Walters,  Warner  and  Williamson — 45, 

Those  voting  in  the  negative  are  : 

Messrs.  Baxter,  Brandon,  Branson,  Britton,  Gardner,  Garner, 
Gaut,  Gibson,  Hill  of  Warren,  House  of  Montgomery,  etc.,  Morris, 
Netherland,  Parker  and  Wright — 14. 


SUSPENSION   OF    RULES. 

Mr.  KYLE  moved  to  suspend  the  rule,  which  requires  a  motion 
to  reconsider  to  be  made  within  two  days  after  a  vote  has  been 
taken. 

Mr.  THOMPSON,  of  Maury,  offered  the  following  resolution : 

Resolved,  That  any  rule  of  this  Convention  requiring  a  majority 
of  two-thirds  to  take  any  motion  to  reconsider  from  the  table  be  re- 
pealed, and  it  is  declared  to  be  the  sense  of  this  Convention  that  a 
majority  can  take  from  the  table  any  motion  to.  reconsider  any  vote 
of  this  Convention. 

Mr,  THOMPSON,  of  Maury,  moved  to, suspend  the  rules  to  take 
up  the  resolution. 

Mr.  JONES,  of  Giles,  demanded  the  yeas  and  nays  to  suspend  the 
rule,  which  were  ordered  and  the  motion  sustained  : 

Yeas 32 

Nays 30 

Those  voting  in  the  affirmative  are: 

Messrs.  Arledge,  Blizard,  Britton,  Brooks,  Brown  of  Henry, 
etc.,  Chowning,  Coffin,  Cummings,  Deaderick,  Dibbrell,  Doherty, 
Henderson,  Hill  of  Warren,  Hill  of  Gibson,  Ivie,  Key,  Kyle, 
Mabry,  McDougal,  McNabb,  Martin,  Meeks,  Morris,  Netherland, 
Nicholson,  Parker,  Seay,  Taylor,  Thompson  of  Davidson,  Thompson 
of  Maury,  Walters  and  Warner — 32. 

Those  voting  in  the  negative  are : 

Messrs.  Brandon,  Branson,  Brown  of  Davidson,  Burkett,  Burton, 
Byrne,  Carter,  Dromgoole,  Fentress,  Fielder,  Finley,  Fulkersun, 
Gardner,  Garner,  Gaut,  Gibbs,  Gibson,  Gordon,  Heiskell,  House  of 


397 

"Williamson,  House  of  Montgomery,  etc.,  Jones  of  Giles,  Kennedy, 
Porter  of  Haywood,  Shepard,  Staley,  Stephens,  Turner,  Williamson 
and  Wright— 30. 

Mr.  KKXXEDY  moved  to  lay  the  resolution  on  the  table,  which 
was  adopted  : 

Yeas 35 

Nays ,.,.. 30 

Those  voting  in  the  affirmative  are : 

Messrs.  Allen,  Baxter,  Blizard,  Brandon,  Brown  of  Davidson, 
Brown  of  Henry,  etc..  Burkett,  Burton,  Carter,  Coffin,  Cummings, 
Doherty,  Dromgoole,  Fen  tress,  Fielder,  Finley,  Gardner,  Garner, 
Gaut,  Gibbs,  Gibson,  Gordon,  Hill  of  Gibson,  House  of  Williamson, 
House  of  Montgomery,  etc.,  Jones  of  Giles,  Kennedy,  Key,  Porter 
of  Haywood,  Shepard,  Staley,  Stephens,  Turner,  Williamson  and 
Wright— 35. 

Those  voting  in  the  negative  are  : 

Messrs.  Arledge,  Branson,  Britton,  Brooks,  Byrne,  Chowning, 
Cypert,  Deaderick,  Dibbrell,  Fulkerson,  Heiskell,  Henderson,  Hill 
of  Warren,  I  vie,  Kyle,  Mabry,  McDougal,  McNabb,  Martin,  Meeks, 
Morris,  Netherland,  Nicholson,  Parker,  Seay,  Taylor,  Thompson  of 
Davidson,  Thompson  of  Maury,  Walters  and  Warner — 30. 

POLL  TAX. 

On  motion  of  Mr.  BRANDON  Article  IV,  Section  1,  was  amend- 
ed by  adding  after  the  word  "  poll  tax  " — "  assessed  against  him  " — 
and  it  was  ordered  that  the  alteration  be  made  in  the  enrolled  copy 
of  the  Constitution. 

PROTESTS. 

Mr.  NETHERLAXD  presented  the  following  protest : 

The  undersigned  respectfully  present  to  the  Convention  their 
protest  against  the  action  of  this  Honorable  Body  in  requiring  from 
every  voter  proof  that  he  has  paid  his  poll  tax  before  he  shall  be 
allowed  to  vote  in  the  elections  in  this  State. 

Their  protest  is  made  for  the  following  reasons : 

1.  The  elective  franchise  is  a  right,  dear  to  every  freeman,  and 
necessary  to  protect  him  from  unjust  and  unequal  laws. 

2.  This  provision  may,  and  in  some  instances  will  prevent  citi- 
zens from  voting,  as  they  may  not  have  paid  a  poll  tax  because  they 
have  not  been  called  on  by  the  collector,  or  have  been  absent  from 
home. 


398 

3,  The  provision  discriminates  in  favor  of  the  land  holder,  and 
against  the  citizen  who  owns  no  land,  and  who  is  only  liable   for  a 
poll  tax.     Because  the  land  holder  is  not  bound  to  show  by  proof 
that  he  has  paid  the  taxes  due  on  his  lands,  and  his  age,  in  many 
instances,  will  be  such  as  to  exempt  him  from  the  payment  of  any 
poll  tax.     And  the  poor  citizen  can  with  justice  say,  "  that  you  re- 
quire me  to  pay  the  "  uttermost  farthing,"  all  that  I  owe  to  the 
State,  though  I  am  poor,  whilst  my  wealthy  neighbor,  who  owns 
lands  to  the  value  of  many  thousand  dollars,  on  which  the  taxes  are 
due  and  unpaid,  and  when  he  is  exempt  by  age  from   the  payment 
of  a  poll  tax,  is  allowed  to  vote,  and  therefore  the  provision  of  the 
Constitution  is  unjust  and  unequal,  and  discriminates  in  favor  of  the 
wealthy  against  the  poor  citizen. 

4.  The  people  of  Tennessee  have  lately  been  relieved  I  from   the 
necessity  of  oaths  and  certificates  before  voting.     This,  to  some  ex- 
tent, renews  a  system  which  the  past  has  shown  to  be  odious  to  the 
voters  of  the  State.     And  although  we  will  support  the  amended 
Constitution,  as  we  believe  it  better  than  the  old  one,  yet,  we  pro- 
test respectfully,  but  earnestly,  against  that  feature  which  is  con- 
tained in  it,  requiring  proof  of  the  payment  of  the  poll  tax  before 
voting. 

JOHN  NETHERLAND, 
A.  A.  KYLE, 
THOS.  C.  MORRIS, 
G.  W  WALTERS, 
JAMES  BRITTON, 
T.  B.  IVIE, 
MATT.  MARTIN, 
M.  McNABB. 


Mr.  FENTKESS  presented  the  following  protest : 

We  protest  against  the  adoption  of  the  majority  report  of  the 
Committee  on  Franchise  and  Elections,  not  only  for  the  reasons  as- 
signed in  the  report  of  the  minority  of  that  Committee,  but  for  the 
reason  that  it  forces  the  people  to  endorse  negro  suffrage  in  that,  if 
the  people  vote  against  the  adoption  of  the  Constitution  as  submit- 
ted, and  thereby  defeat  it,  they  will  be  left  as  they  are  now,  dis- 
franchised, while  the  negro  will  remain  an  actual  voter,  (though  we 
deny  he  would  be  legally  so,)  so  that  whether  ratified  or  rejected  the 
negro  will  be  an  actual  voter.  In  one  event  the  white  man  may 
lose  his  right  to  the  elective  franchise,  under  the  present  arbitrary 
laws,  while  the  negro,  in  any  event,  is  in  tjie  actual  possession  of  a 
franchise  that  he  has  no  capacity  to  exercise  or  appreciate. 

We  hold  that  this  Convention  has  no  right  to  force  negro  suf- 
frage n<pon  the  people  of  Tennessee. 


399 

We  hold  further,  that  by  adopting  this  principle  of  practical 
equality  of  races,  it  is  a  direct  encouragement  of  a  party  whose 
object  is,  by  usurpation,  to  destroy  our  republican  system  and  to  es- 
tablish in  its  stead  a  consolidated  despotism. 

JAMES  FENTRESS, 

Of  Hardeman. 

WM.  BLOUNT  CARTER, 
Of  Carter. 

WM.  H.  WILLIAMSON, 
Of  Wilson. 

S.  G.  SHEPARD, 

Of  Wilson. 


THANKS. 

Mr.  PORTER,  of  Henry,  offered  the  following  resolution  : 

Rcwfaed,  That  the  thanks  of  the  Convention  are  hereby  tendered 
to  Messrs.  Jos.  A.  MABRY  &  Co.,  for  gratuitously  furnishing  the 
delegates  copies  of  their  able  paper,  the  Daily  Knoxville  Whig, 
during  the  entire  session. 

The  rules  were  suspended  and  the  resolution  unanimously 
adopted. 


THE   CONSTITUTION. 

Mr.  JONES,  of  Gile,«,  offered  the  following  resolution  : 

Resolved,  That  this  Convention  will  meet  in  this  hall  on  to-mor- 
row morning  at  half-past  nine  o'clock  and  resume  the  reading  of 
the  Constitution,  and  when  the  same  shall  be  finished,  the  same  will 
be  signed  by  such  delegates  as  may  desire  to  do  so,  and  no  other 
business  shall  be  in  order  or  entertained  by  the  Chair,  until  the 
Constitution  shall  be  read  and  signed,  when  the  President  will  ad- 
journ this  Convention  without  day. 

Which,  under  a  suspension  of  the  rules,  was  adopted. 

EXPENDITURES. 

Mr.  WILLIAMSON,  from  the  Committee  ofi  Expenditures,  made 
the  following  report  : 


400 


STATE  OF  TENNESSEE 

In  account  with 
MEMBERS  OF  THE  STATE  CONSTITUTIONAL  CONVENTION, 


si 

n 

1 
I 

l);n> 
Attend'e! 

Per  diem  i 

1 

H 

122 
168 
438 
526 
112 
412 
220 
574 
674 
150 

$  19  52 
25  88 
70  08 
84  16 
17  92 
65  92 
35  20 
91  84 
107  84 
24  00 

45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
£5 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 

$180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 

$  199  52 
205  88 
250  08 
264  16 
197  92 
245  92 
215  20 
276  85 
287  84 
204  00 
180  00 
217  76 
252  00 
189  60 
223  20 
23440 
301  92 
26000 
252  64 
197  92 
210  72 
304  16 
20400 
207  52 
209  12 
190  56 
24336 
24080 
271  52 
287  20 
226  40 
188  00 
237  60 
228  00 

Baxter,  John  

Blackburn    Joseph  H        

Blizardj  Archibald  

Britton    James      .  .  

Brooks   E,    P      

Brown    NeillS  

236 
450 
60 
270 
340 
762 
500 
454 
112 
192 
776 
150 
172 
182 
66 
396 
380 
572 
670 
290 
50 
360 
300 

37  76 
7lTifc 
9  60 
43  20 
54  40 
121  92 
80  00 
72  64 
17  92 
30  72 
124  16 
24  00 
27  52 
29  12 
10  56 
63  36 
60  80 
91  52 
107  20 
46  40 
8  00 
57  60 
48  00 

Burkett   T  M                          

Campbell   Alex   W  

Carter  Wm   B                  

Deaderick   W    V    

Deavenport,  T.  D  

Dibbrell   Geo.  G  

Doherty    W    F  

Fielder  A  T  

Finley   W.  H  

Fulkerson   P   G  .:  

Gant  S   P  

Gibbs,  Chas.  N  

401 


EXPENSE  ACCOUNT,  [Continued.'] 


T3 
II 

as 

H 

S, 
1 

3 

Days  1 
Attend'e 

Per  diem 

1 

Gibson  H.  R  

606 
122 
472 
302 
150 
326 
36 
120 
126 
244 
156 
125 
302 
728 
678 
526 
341 
660 
162 
425 
80 
678 
88 
236 
360 
650 
622 
84 
50 
574 
472 
472 
264 
6 
88 
52 
320 
118 
60 
214 

$  96  96 
19  52 
75  52 
48  52 
24  00 
52  16 
5  76 

iy  20 

:!(.)  16 
39  04 
24  96 
20  00 
48  52 
116  48 
108  48 
84  16 
54  41 
105  60 
25  92 
68  00 
12  80 
108  48 
14  08 
37  76 
57  60 
104  00 
99  52 
13  44 
8  00 
91  84 
75  52 
75  52 
42  24 
96 
14  08 
8  32 
51  20 
18  88 
9  60 
34  24 

45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
15 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 

$180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 
180 

$  276  96 
39952 
25552 
228  52 
20400 
232  16 
185  76 
199  20 
200  16 
21904 
20496 
20000 
228  32 
296  48 
288  48 
264  1(5 
23441 
285  60 
205  92 
24800 
192  80 
288  48 
194  08 
217  76 
237  60 
284  00 
279  52 
19344 
188  00 
271  84 
255  52 
255  52 
222  '24 
180  96 
19408 
18832 
231  20 
198  88 
189  60 
214  24 

Gordon,  Boiling  

Heiskell,  J.  B  

Henderson,  Richard  

Hill,  H.  L.  W  

Hill,  Sparrel  

House   Samuel  S  

House,  John  T  

Ivie,  T.  B  

Jones,  Geo.  "W  

Jones,  Thomas  M  

Kennedy  I)  N  

Kev  D   M 

Kirkpatrick,  S.  J  

Kyle,  A.  A  

IVIabry  Jos   A  

McDougal  A  G  

McNabb  M                  ... 

Martin   Mutt  

IV'lorris   Thomas  C  * 

.N  ctl  i  erland,  John  

Nicholson,  A.  O.  P  ,  

Porter  Geo   C  

Parker,  James  C  

Sam  pie,  William  

Seay,  Geo.  E  

Shepard,  S.  G  

Shelton,  E.  H  

Staley,  W.  B  

Stephens  W.  H  

Taylor   John  M  

Thompson   John  C  

Thompson   \Vr   Vance  

Turner,  James  J  

Walters,  Geo    W  

Williamson,  W.  H  

Wright  W  M  »  

26 

402 


EXPENSE  ACCOUNT,  [Continued.'] 


Miles 
Travel  'd 

• 

So 

S 
i 

1 

Per  diem 

1 

156 

$  24  56 

45 

$?70 

$  294  96 

45 

270 

27000 

T^r      -     TVine     W      Acm't  SecV 

45 

270 

270  00 

TZTrio   W    S    RPP    AWt  Secretary  .. 

— 
45 

270 

270  00 

45 

180 

18000 

Bennett,  John  E.,  Ass't  Doorkeeper 

45 

180 

18000 

45 

180 

18000 

45 

180 

18000 

Allowance  to  T.    E.  S.  Eusswurm 

Secretary,  for  copying  the  Journal, 

Reports  of  the  Committees  and 

other  documents  necessary  to  be 

copied  and  indexing  the  same  and 
superintending  the  printing  of  the 

40000 

Total  amount  of  accounts  of  officers 

_  f?    j-l~  f*    /~^/-\T*  TT/iYi  £1  f\~n 

1930  00 

THE  STATE  OF  TENNESSEE 

In  Account  Current,  as  follows  : 

For  sundry  expenses  incurred  by  the  Convention,  assembled  at 
Nashville,  on  the  tenth  day  of  January,  one  thousand  eight  hun- 
dred and  seventy  (1870),  for  the  purpose  of  revising,  amending 
or  forming  anew  the  Constitution  of  said  State. 


Voucher  No. 

Account. 

Amount. 

Voucher  No.    1 

«  .        u 

Voucher  No.    2 

Aggregate  due  members  as  mileage  
Aggregate  due  delegates  as  per  diem.... 
Aggregate  amount  due  officers  of  the 

$  3742  76 
13590  00 

1930  00 

To  J.  O.  Griffith  &  Co.,  and  Roberts  & 
Purvis  $102  60  each  

205  20 

Voucher  No.    3 

Amount  due  Jones,  Purvis  &  Co.,  (Pub. 

943  38 

\Trmr>lipr  ~NV>-      4 

Amount  of  Buck,  Barnes  &  Co... 

54  00 

403 


ACCOUNT  CURRENT,  [Continued.] 


Voucher  No. 

Account. 

Amount. 

Voucher  No.    5 

Account  of  Paul,  Tavel  &  Hanner,  (Sta- 

$     124  90 

Voucher  No.    6 
Voucher  No.    7 

Account  of  Hicks,  Houston  &  Co  
Account  of  W.  T.  Berry  &  Co.,  (Book- 

2  50 
341  46 

Voucher  No.    8 
Voucher  No.    9 

Account  of  A.  A.  Lemmon  (receipted).. 
Balance  of  account  of  Buck,  Barnes  & 
Co  

2  00 
1  50 

Voucher  No.  10 

Account  of  W.  H.   Woodcock  &  Co., 
(for  Coal)  

50  00 

Voucher  No.  11 

Account  of  W.  H.  Woodcock  &  Co., 
(for  Coal)  

5  00 

Allowance  to  T.  E.  S.  Eusswurm,  Sec'y, 
to  purchase  stationery  

25  00 

Allowance  to  Dan  Adams,  for  engrav- 
ing Constitution  

225  00 

All  of  which  is  respectfully  submitted  by  the  Committee, 

W.  H.  WILLIAMSON, 

Chairman. 

GEO.  C.  PORTER, 
T.  W.  BURKETT, 

Committee. 

The  report  was  read,  adopted  and  ordered  to  be  certified  to  the 
Treasurer  of  the  State. 

The  Convention  then  adjourned  until  to-morrow  morning. 


404 


WEDNESDAY  MORNING,  FEBRUARY  23,  1870, 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
BROWN  in  the  Chair. 

The  Rev.  Mr.  CARTER,  a  member  of  the  Convention,  offered  the 
following  prayer : 

Almighty  God !  we  adore  Thee  as  the  King  of  Kings  and  the 
Lord  of  Lords,  and  we  desire  to  render  unto  Thee  the  homage 
which  is  justly  due  to  Thy  holy  and  reverend  name!  We  ac- 
knowledge Thee  as  the  author  of  all  the  blessings  we  have  received, 
both  as  individuals  and  as  a  nation  !  Thou  hast  given  to  us  this 
pleasant  land,  flowing  with  milk  and  honey,  for  our  inheritance  ; 
and  Thou  hast  also  given  to  us  the  priviliges  of  free  men.  For 
"TEese"  great ^  and  priceless  mercies  we  thank  Thee  !  And  while  we 
thank  Thee  for  our  mercies,  wfe_pray~that.  none  of  our  blessings 
may  be  taken  from,  us,  but  that  Thou  wouldst  continue  to  guide  us, 
and  to  shield  us  from  every  danger,  both  from  without  and  from 
within.  May  the  wounds  of  the  past  be  healed ;  may  the  wrongs 
we  have  done  each  other  be  forgiven  and  forgotten,  and  may  the 
hearts  of  all  our  people  be  bound  together  with  such  cords  of  love 
as  cannot  be  broken.  We  thank  Thee  for  the  peace  and  harmony 
which  have  prevailed  in  this  body ;  and  we  also  thank  Thee  that 
we,  who  but  a  little  while  ago,  were  enemies,  and  were  engaged  in 
deadly  strife  with  each  other,  have  learned  how  much  more  pleasant 
and  profitable  it  is  for  brethren  to  dwell  together  in  unity. 

God  of  our  fathers !  spread  Thy  protecting  wings  over  this  great 
people,  and  let  us  learn  war  no  more ;  but  may  we  study  those 
things  which  will  best  secure  the  peace  and  prosperity  of  our 
beloved  country. 

We  know  that  we  shall  see  each  other's  faces  in  the  flesh  no 
more  ;  nevertheless,  may  the  friendships  we  have  here  formed  be 
lasting.  We  know  that  with  many  of  us  the  work  of  life  is  well 
nigh  finished ;  therefore  we  humbly  pray,  in  the  name  of  Thy  Son, 
that  when  earth's  fitful  scenes  are  ended,  and  when  heart  and  flesh 
shall  fail  us,  Thou  wouldst  receive  each  and  every  one  of  us  to 
Thyself  in  heaven,  through  Jesus  Christ,  our  Lord,  our  King  and 
our  Redeemer !  Amen. 

EXPENDITURES. 

On  motion  of  Mr.  WILLIAMSON,  it  was  ordered  that  Daniel 


405 

Adams  be  allowed  two  hundred  and  twenty-five  dollars  for  enroll- 
ing the  amended  Constitution  on  parchment. 

On  motion  of  Mr.  KENNEDY,  the  Convention  took  a  recess  one 
hour. 

FILLING   OFFICES. 

Upon  reassembling,  Mr.  NICHOLSON  offered  the  following  as  an 
independent  section : 

"  No  county  office  created  by  the  Legislature  shall  be  filled  other- 
wise than  by  the  people  or  the  County  Court." 

On  motion  of  Mr.  NICHOLSON,  the  rules  were  suspended  and  the 
section  unanimously  adopted. 

EXPENDITUEES. 

Mr.  GARNER  offered  the  following  resolution : 

Resolved,  That  Messrs.  Roberts  &  Purvis,  publishers  of  the  Re- 
publican Banner,  and  Messrs.  J.  O.  Griffith  &  Co.,  publishers  of 
the  Union  and  American,  be  paid  the  sum  of  $102  60  each  for  fur- 
nishing to  the  Convention  eighty  copies  per  day  of  said  papers  from 
January  10th,  1870,  to  February  23rd,  1870. 

On  motion  of  Mr.  GARNER,  the  rules  were  suspended  and  the 
resolution  adopted. 

THANKS. 

Mr.  NICHOLSON  offered  the  following  resolution  : 
Resolved  unanimously,  That  the  thanks  of  this   Convention  are 
tendered  to  the  Hon.  John  C.  Brown  for  the  courtesy,  promptness, 
impartiality  and  ability  with  which  he  has  discharged  the  duties  of 
presiding  officer. 

Which  was  unanimously  adopted. 

The  President  made  a  suitable  acknowledgment  of  the  compli- 
ments contained  in  the  resolution. 

Mr.  PORTER,  of  Henry,  offered  the  following  resolution  : 

Resolved,  That  the  thanks  of  the  Convention  be  hereby  tendered 
to  T.  E.  S.  Russwurm,  Secretary,  Thos.  W.  Jones,  Assistant  Secre- 
tary, W.  S.  Kyle,  Second  Assistant  Secretary,  L.  G.  Stewart,  Door- 
keeper, John  E.  Bennett,  Assistant  Doorkeeper,  H.  N.  C.  Davis, 
Messenger,  and  Henry  Pearl,  Porter,  for  the  faithful  manner  in 
which  their  duties  have  been  performed. 

Which  was  unanimously  adopted. 


406 


DELIVERY  OF  CONSTITUTION  TO  THE  GOVERNOR. 

Mr.  BROWN,  of  Davidson,  offered  the  following  resolution  : 
Resolved,  That  when  this  Convention  shall  have  adjourned  sine 
die  the  members  will  proceed  in  a  body  to  the  Capitol,  bearing  with 
them  the  Constitution,  enrolled  on  parchment,  and  deposit  the  same 
with  the  Governor  of  the  State. 

That  they  will  embrace  the  opportunity  thus  afforded  to  call  upon 
the  Governor  and  the  two  Houses  of  the  General  Assembly  with  a 
view  of  tendering  our  respects  and  renewing  the  assurances  of  re- 
gard. 

Which  was  adopted. 

Thereupon  the  President  appointed  Messrs.  HOUSE,  of  William- 
son, GARDNER  and  KYLE,  to  wait  on  the  Governor  and  the  Gen- 
eral Assembly,  and  to  notify  them  of  the  intended  visit. 

The  Convention  resumed  the  reading  of  the  amended  Constitu- 
tion. 

ORDINANCE. 

1st.  Be  it  ordained  by  the  Convention,  That  it  shall  be  the  duty 
of  the  several  officers  of  the  State  authorized  by  law  to  hold  elec- 
tions for  members  of  the  General  Assembly  and  other  officers,  to 
open  and  hold  an  election  at  the  places  of  holding  elections  in  their 
respective  counties,  on  the  fourth  Saturday  in  March,  1870,  for  the 
purpose  of  receiving  the  votes  of  such  qualified  voters  as  may  de- 
sire to  vote  for  the  ratification  or  rejection  of  the  Constitution  re- 
commended by  this  Convention.  And  the  qualification  of  voters  in 
said  election  shall  be  the  same  as  that  required  in  the  election  of 
delegates  toi  this  Convention. 

2d.  It  shall  be  the  duty  of  said  returning  officers,  in  each  county  in 
/this  State,  to  enroll  the  name  of  each  voter  on  the  poll-books  pre- 
pared for  said  election,  and  shall  deposit  each  ballot  in  the  ballot- 
boxes  respectively^  Each  voter,  who  wishes  to  ratify  the  new  Con- 
stitution, shall  have  written  or  printed  on  his  ticket  the  words 
"  New  Constitution,"  or  words  of  like  import,  and  each  voter,  who 
wishes  to  vote  against  the  ratification  of  the  new  Constitution,  shall 
have  written  or  printed  on  his  ticket  the  words  "  Old  Constitution/' 
or  words  of  like  import. 

3d.  The  election  shall  be  held,  and  the  judges  and  clerks  shall  be 
appointed,  as  in  case  of  the  election  of  the  members  of  the  General 
Assembly  ;  and  the  returning  officers,  in  the  presence  of  the  judges 
or  inspectors,  shall  count  the  votes  given  for  the  "New  Constitu- 
tion," and  those  given  for  the  "  Old  Constitution,"  of  which  they 


407 

shall  keep  a  correct  estimate  in  said  poll-books.  They  shall  de- 
posit the  original  poll-books  of  said  election  with  the  Clerks  of  the 
County  Courts  in  the  respective  counties,  and  shall,  within  five 
days  after  the  election,  make  out  accurate  statements  of  the  number 
of  votes  in  thei*  respective  counties  for  and  against  the  new  Con- 
stitution, and  immediately  forward  by  mail  a  copy  of  said  certifi- 
cates to  the  Governor,  and  one  to  the  Speaker  of  the  Senate.  So 
soon  as  the  poll-books  are  deposited  with  the  County  Court  Clerks, 
they  shall  certify  to  the  President  of  the  Convention  an  accurate 
statement  of  the  number  of  votes  for  and  against  the  "  New  Con- 
stitution," as  appears  in  said  poll-books.  And  if  any  of  said  re- 
turning officers  shall  fail  to  make  the  returns  herein  provided  for 
within  the  time  required,  the  Governor  shall  be  authorized  to  send 
special  messengers  for  the  result  of  the  votes  in  those  counties 
where  officers  have  so  failed  to  make  returns. 

4th.  Upon  the  receipt  of  said  returns,  it  shall  be  the  duty  of  the 
Governor,  Speaker  of  the  Senate,  and  President  of  this  Convention, 
or  any  two  of  them,  to  compare  the  votes  cast  in  said  election,  and 
if  it  shall  appear  that  a  majority  of  all  the  votes  cast  for  and  against 
the  new  Constitution,  was  for  the  "  New  Constitution,"  it  shall  be 
the  duty  of  the  Governor,  Speaker  of  the  Senate,  and  President  of 
this  Convention,  or  any  two  of  them,  to  append  a  certificate  of  the 
result  to  the  Constitution,  from  which  time  the  Constitution  shall 
be  ordained  and  established  as  the  Constitution  of  Tennessee,  and 
the  Governor  shall  forthwith  make  proclamation  of  the  fact  that 
the  Constitution  has  been  ordained  and  established. 

5th.  The  Governor  of  the  State  is  requested  to  issue  his  procla- 
mation as  to  the  election  on  the  4th  Saturday  in  March,  1870, 
herein  provided  for. 


EXPLANATION. 

Mr.  FENTRESS  presented  the  following  explanation,  before  affix- 
ing his  name  to  the  Constitution : 

I  sign  my  name  to  this  Constitution  merely  to  attest  its  genuine- 
ness, and  to  certify  that  it  has  been  adopted  by  a  majority  ol  this 
Convention.  As  there  have  been  words  incorporated  in  it  urging 
or  recommending  that  the  people  of  Tennessee  adopt  it,  I  feel  it 
due  to  my  people  and  myself  so  make  this  explanation. 

For  my  position  I  refer  to  my  record  on  the  Journal.  Time  will 
disclose  and  posterity  realize  which  of  us  is  right.  If  the  majority 
who  have  adopted  this  Constitution  are  right,  and  my  fears  un- 
founded, I  will  rejoice  that  their  superior  wisdom  controlled  our 
action.  If  the  minority  is  right,  and  history  shall  declare  that  the 
action  of  the  majority  has  tended  to  hasten  our  people  into  anarchy, 
or  a  consolidated  despotism,  a  clear  conscience  shall  be  my  reward. 


408 

Mr.  CARTER,  before  signing  the  Constitution,  gave  the  reasons 
in  substance  as  above. 


ABSENT   MEMBERS   TO   SIGN   AT   PLEASURE. 

Mr.  HOUSE,  of  Williamson,  offered  the  following  resolution : 

Resolved,  That  those  members  of  the  Convention  who  have  not 
signed  the  Constitution,  and  who  are  absent  from  sickness  or  other 
cause,  be  permitted  to  sign  the  Constitution  at  their  pleasure. 

Which  was  adopted  by  the  Convention. 

The  Convention  then  adjourned  sine  die. 

JOHN  C.  BROWN,  President. 
Attest: 

T.  E.  S.  RUSSWURM,  Secretary. 


CONSTITUTION 


THE   CONSTITUTION 


OF  THE 


STATE   OF   TENNESSEE, 

ADOPTED  IN  CONVENTION  AT  NASHVILLE,  FEBRUARY  23d,  18*0. 


PREAMBLE  AND   DECLARATION. 

WHEREAS,  The  people  of  the  territory  of  the  United  States 
south  of  the  River  Ohio,  having  the  right  of  admission  into  the 
General  Government  as  a  member  State  thereof,  consistent  with  the 
Constitution  of  the  United  States,  and  the  act  of  cession  of  the 
State  of  North  Carolina,  recognizing  the  ordinance  for  the  govern- 
ment of  the  territory  of  the  United  States  northwest  of  the  Ohio 
River,  by  their  Delegates  and  Representatives  in  Convention  as- 
sembled, did,  on  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  ninety-six,  ordain  and  establish  a 
Constitution,  or  form  of  government,  and  mutually  agreed  with 
each  other  to  form  themselves  into  a  free  and  independent  State,  by 
the  name  of  the  State  of  Tennessee ;  and, 

WHEREAS,  The  General  Assembly  of  the  said  State  of  Tennessee 
(pursuant  to  the  third  section  of  the  tenth  article  of  the  Constitu- 
tion,) by  an  act  passed  on  the  27th  da^  of  November,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-three,  entitled, 
"  An  Act  to  provide  for  the  calling  of  a  Convention,  passed  in 
obedience  to  the  declared  will  of  the  voters  of  this  State,  as  ex- 
pressed at  the  general  election  of  August,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-three,  did  authorize  and 
provide  for  the  election  by  the  people  of  delegates  and  representa- 


412 

tives,  to  meet  at  Nashville,  in  Davidson  County,  on  the  third  Mon- 
day in  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty-four,  for  the  purpose  of  revising  and  amending,  or  chang- 
ing the  Constitution;  and  said  Convention  did  accordingly  meet 
and  form  a  Constitution,  which  was  submitted  to  the  people,  and 
was  ratified  by  them,  on  the  first  Friday  in  March,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-five  -r  and, 

WHEREAS,  The  General  Assembly  of  said  State  of  Tennessee, 
under  and  in  virtue  of  the  first  section  of  the  first  article  of  the 
Declaration  of  Rights,  contained  in  and  forming  a  part  of  the  exist- 
ing Constitution  of  the  State,  by  an  act  passed  on  the  15th  day  of 
November,  in  the  year  of  our  Lord,rone  thousand  eight  hundred 
and  sixty-nine,  did  provide  for  the  calling  of  a  Convention  by  the 
people  of  the  State,  to  meet  at  Nashville  on  the  second  Monday  in 
January,  in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 
seventy,  and  for  the  election  of  delegates  for  the  purpose  of  amend- 
ing or  revising  the  present  Constitution,  or  forming  and  making  a 
new  Constitution;  and> 

WHEREAS,  The  people  of  the  State,  in  the  mode  provided  by 
said  Act,  have  called  said  -Convention,  and  elected  delegates  to  rep- 
resent them  therein ;  Now,  therefore, 

We,  the  Delegates  and  Representatives  of  the  people  of  the  State 
of  Tennessee,  duly  elected,  and  in  Convention  assembled,  in  pursu- 
ance of  said  Act  of  Assembly,  have  ordained  and  established  the 
following  Constitution  and  form  of  government  for  this  State, 
which  we  recommend  to  the  people  of  Tennessee  for  their  ratifica- 
tion :  That  is  to  say— 

ARTICLE   I. 

[DECLARATION   OF    RIGHTS. 

SECTION  1.  That  all  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority,  and  instituted  for  their 
peace,  safety,  and  happiness ;  for  the  advancement  of  those  ends  they 
have,  at  all  times,  an  unalienable  and  indefeasible  right  to  alter,  re- 
form, or  abolish  the  government  in  such  manner  as  they  may  think 
proper. 

S:EC.  2t_  That  government  being  instituted  for  the  common  benefit, 


413 

the  doctrine  of  non-resistance  against  arbitrary  power  and  oppres- 
sion is  absurd,  slavish,  and  destructive  of  the  good  and  happiness 
of  mankind. 

SEC.  3.  That  all  men  have  a  natural  and  indefeasible  right  to 
worship  Almighty  God  according  to  the  dictates  of  their  own  con- 
science ;  that  no  man  can,  of  right,  be  compelled  to  attend,  erect, 
or  support  any  place  of  worship,  or  to  maintain  any  minister,  against 
his  consent ;  that  no  human  authority  can,  in  any  case  whatever, 
control  or  interfere  with  the  rights  of  conscience ;  and  that  no 
preference  shall  ever  be  given,  by  law,  to  any  religious  establish- 
ment or  mode  of  worship. 

SEC.  4.  That  no  political  or  religious  test,  other  than  an  oath  to 
support  the  Constitution  of  the  United  States  and  of  this  State, 
shall  ever  be  required  as  a  qualification  to  any  office  or  public  trust 
under  this  State. 

JslEC.  5.  That  elections  shall  be  free  and  equal,  and  the  right  of 

/suffrage,  as  hereinafter  declared,  shall  never  be  denied  to  any  per- 

/son  entitled  thereto,  except  upon  a  conviction  by  a  jury  of  some  in- 

\famous  crime,  previously  ascertained  and  declared  by  law,  and  judg- 

metij^thereon  by  a  court  of  competent  jurisdiction. 

SEC.  6.  That  the  right  of  trial  by  jury  shall  remain  inviolate, 
and  no  religious  or  political  test  shall  ever  be  required  as  a  qualifi- 
cation for  jurors. 

SEC.  7.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions,  from  unreasonable  searches  and  seizures; 
and  that  general  warrants,  whereby  an  officer  may  be  commanded 
to  search  suspected  places,  without  evidence  of  the  fact  committed, 
or  to  seize  any  person  or  persons  not  named,  whose  offences  are  not 
particularly  described  and  supported  by  evidence,  are  dangerous  to 
liberty,  and  ought  not  to  be  granted. 

SEC.  8.  That  no  man  shall  be  taken  or  imprisoned,  or  disseized  of 
his  freehold,  liberties  or  privileges,  or  outlawed,  or  exiled,  or  in 
any  manner  destroyed,  or  deprived  of  his  life,  liberty,  or  property, 
but  by  the  judgment  of  his  peers  or  the  law  of  the  land. 

SEC.  9.  That  in  all  criminal  prosecutions,  the  accused  hath  the 
right  to  be  heard  by  himself  and  his  counsel ;  to  demand  the  nature 
and  cause  of  the  accusation  against  him,  and  to  have  a  copy  thereof; 
to  meet  the  witnesses  face  to  face ;  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor;  and  in  prosecutions  by  indict- 


414 

ment  or  presentment,  a  speedy  public  trial  by  an  impartial  jury  of 
the  county  in  which  the  crime  shall  have  been  committed,  and  shall 
not  be  compelled  to  give  evidence  against  himself. 

SEC.  10.  That  no  person  shall,  for  the  same  offence,  be  twice  put 
in  jeopardy  of  life  or  limb. 

SEC.  11.  That  laws  made  for  the  punishment  of  acts  committed 
previous  to  the  existence  of  such  laws,  and  by  them  only  declared 
criminal,  are  contrary  to  the  principles  of  a  free  government; 
wherefore  no  ex  post  facto  law  shall  be  made. 

SEC.  12.  That  no  conviction  shall  work  corruption  of  blood  or 
forfeiture  of  estate.  The  estate  of  such  persons  as  shall  destroy  their 
own  lives  shall  descend  or  vest  as  in  case  of  natural  death.  If  any 
person  be  killed  by  casualty,  there  shall  be  no  forfeiture  in  conse- 
quence thereof. 

SEC.  13.  That  no  person  arrested  and  confined  in  jail  shall  be 
treated  with  unnecessary  rigor. 

SEC.  14.  That  no  person  shall  be  put  to  answer  any  criminal 
charge  but  by  presentment,  indictment  or  impeachment. 

SEC.  15.  That  all  prisoners  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offences,  when  the  proof  is  evident  or  the  pre- 
sumption great.  And  the  privileges  of  the  writ  of  habeas  corpus 
shall  not  be  suspended,  unless  when,  in  case  of  rebellion  or  invasion, 
the  General  Assembly  shall  declare  the  public  safety  requires  it. 

SEC.  16.  That  excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

SEC.  17.  That  all  courts  shall  be  open  ;  and  every  man,  for  an  in- 
jury done  him  in  his  lands,  goods,  person  or  reputation,  shall  have 
remedy  by  due  course  of  law,  and  right  and  justice  administered 
without  sale,  denial,  or  delay.  Suits  may  be  brought  against  the 
State  in  such  manner  and  in  such  courts  as  the  Legislature  may  by 
law  direct. 

SEC.  18.  The  Legislature  shall  pass  no  law  authorizing  imprison- 
ment for  debt  in  civil  cases. 

SEC.  19.  That  the  printing  presses  shall  be  free  to  every  person 
to  examine  the  proceedings  of  the  Legislature,  or  of  any  branch  or 
officer  of  the  Government ;  and  no  law  shall  ever  be  made  to  res- 
train the  right  thereof.  The  free  communication  of  thoughts  and 
opinions  is  one  of  the  invaluable  rights  of  man,  and  every  citizen 
may  freely  speak,  write  and  print  on  any  subject,  being  responsible 


415 

for  the  abuse  of  that  liberty.  But  in  prosecutions  for  the  publiea- 
tion  of  papers  investigating  the  official  conduct  of  officers  or  men  in 
public  capacity,  the  truth  thereof  may  be  given  in  evidence ;  and 
in  all  indictments  for  libel  the  jury  shall  have  a  right  to  determine 
the  law  and  the  facts,  under  the  direction  of  the  court,  as  in  other 
criminal  cases. 

SEC.  20.  That  no  retrospective  law,  or  law  impairing  the  obliga- 
tions of  contracts,  shall  be  made. 

SEC.  21.  That  no  man's  particular  services  shall  be  demanded, 
or  property  taken  or  applied  to  public  use,  without  the  consent  of 
his  representatives,  or  without  just  compensation  being  made  there- 
tor. 

SEC.  22.  That  perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a  free  State,  and  shall  not  be  allowed. 

SEC.  23.  That  the  citizens  have  a  right  in  a  peaceable  manner  to\ 

semble  together  for  their  common  .good,  to  instruct  their  repre-  ) 
-rntatlves,  and  to  apply  to  those  invested  with  the  powers  of  gov-y 
I     eminent  for  redress  of  grievances,  or  other  proper  purposes,  by  ad^ 
Ttress  or  remonstrance. 

SEC.  24.  That  the  sure  and  certain  defense  of  a  free  people  is  a 
well-regulated  militia;  and,  as  standing  armies  in  time  of  peace  are 
dangerous  to  freedom,  they  ought  to  be  avoided  as  far  as  the  cir- 
cumstances and  safety  of  the  community  will  admit ;  and  that  in 
all  cases  the  military  shall  be  kept  in  strict  subordination  to  the 
civil  authority. 

SEC.  25.  That  no  citizen  of  this  State,  except  such  as  are  em- 
ployed in  the  army  of  the  United  States,  or  militia  in  actual  service, 
shall  be  subjected  to  punishment  under  the  martial  or  military  law. 
That  martial  law,  in  the  sense  of  the  unrestricted  power  of  military 
officers  or  others,  to  dispose  of  the  persons,  liberties  or  property  of 
the  citizen,  is  inconsistent  with  the  principles  of  free  government, 
and  is  not  confided  to  any  department  of  the  government  of  this 
State. 

SEC.  26.  That  the  citizens  of  this  State  have  a  right  to  keep  and\ 
/lo  bear  arms  for  their  common  defense.     But  the  Legislature  shall     ) 
have  power,  by  law,  to  regulate  the  wearing  of  arms  with  a  view^/ 
to  prevent  crime. 

.  27.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in 


416 

any  house  without  the  consent  of  the  owner;   nor  in  time  of  war 
butt  in  a  manner  prescribed  by  law. 

SEC.  28.  That  no  citizen  of  this  State  shall  be  compelled  to  bear 
arms,  provided  he  will  pay  an  equivalent,  to  be  ascertained  by 
law. 

SEC.  29.  That  an  equal  participation  in  the  free  navigation  of  the 
Mississippi  is  one  of  the  inherent  rights  of  the  citizens  of  this  State; 
it  cannot,  therefore,  be  conceded  to  any  prince,  potentate,  power, 
person  or  persons,  whatever, 

SEC,  30.  That  no  hereditary  emoluments,  priviliges  or  honors, 
shall  be  granted  or  conferred  in  this  State. 

SEC.  31.  That  the  limits  and  boundaries  of  this  State  be 
ascertained,  it  is  declared  they  are  as  hereafter  mentioned,  that  is  to 
say :  Beginning  on  the  extreme  height  of  the  Stone  Mountain,  at 
-the  place  where  the  line  of  Virginia  intersects  it,  in  latitude  thirty- 
six  degrees  and  thirty  minutes  north ;  running  thence  along  the  ex- 
treme height  of  the  said  mountain  to  the  place  where  the  Watauga 
Elver  breaks  through  it ;  thence  a  direct  course  to  the  top  of  the 
Yellow  Mountain,  where  Brighfs  road  crosses  the  same ;  thence 
along  the  ridge  of  said  mountain,  between  the  wraters  of  Doe  Eiver 
and  the  waters  of  Rock  Creek,  to  the  place  where  the  road  crosses 
the  Iron  Mountain ;  from  thence,  along  the  extreme  height  of  said 
mountain,  to  the  place  where  Nolichucky  River  runs  through  the 
same ;  thence  to  the  top  of  the  Bald  Mountain ;  thence  along  the 
extreme  height  of  said  mountain  to  the  Painted  Rock,  on  French 
Broad  River ;  thence  along  the  highest  ridge  of  said  mountain  to 
the  place  where  it  is  called  the  Great  Iron  or  Smoky  Mountain  • 
thence  along  the  extreme  height  of  said  mountain  to  the  place  where 
it  is  called  Unicoi  or  Unaka  Mountain,  between  the  Indian  towns 
of  CWee  and  Old  Chota ;  thence  along  the  main  ridge  of  the  said 
mountain  to  the  southern  boundary  of  this  State,  as  described  in  the 
act  of  cession  of  North  Carolina  to  the  United  States  of  America; 
and  that  all  the  territory,  lands  and  waters,  lying  west  of  the  said 
line,  as  before  mentioned,  and  contained  within  the  chartered  limits 
of  "the  State  of  North  Carolina,  are  within  the  boundaries  and  lim- 
its of  this  State,  over  which  the  people  have  the  right  of  exercising 
sovereignty,  and  the  right  of  soil,  so  far  as  is  consistent  with  the 
Constitution  of  the  United  States,  recognizing  the  Articles  of  Con- 
federation, .the  Bill  of  Rights,  and  Constitution  of  North  Carolina, 


417 

the  cession  act  of  the  said  State,  and  the  ordinance  of  Congress  for 
the  government  of  the  territory  northwest  of  the  Ohio ;  Provided, 
nothing  herein  contained  shall  extend  to  affect  the  claim  or  claims 
of  individuals  to  any  part  of  the  soil  which  is  recognized  to  them 
by  the  aforesaid  cession  act ;  And,  provided  also,  That  the  limits 
and  jurisdiction  of  this  State  shall  extend  to  any  other  land  and 
territory  now  acquired,  or  that  may  hereafter  be  acquired,  by  com- 
pact or  agreement  with  other  States  or  otherwise,  although  such 
land  and  territory  are  not  included  within  the  boundaries  hereinbe- 
fore designated. 

SEC.  32.  That  the  erection  of  safe  and  comfortable  prisons,  and 
inspection  of  prisons,  and  the  humane  treatment  of  prisoners  shall 
be  provided  for. 

SEC.  33.  That  slavery  and  involuntary  servitude,  except  as  a  pun- 
ishment for  crime,  whereof  the  party  shall  have  been  duly  con- 
victed, are  forever  prohibited  in  this  State. 

SEC.  34.  The  General  Assembly  shall  make  no  law  recognizing 
the  right  of  property  in  man. 


ARTICLE   II. 

DISTRIBUTION   OF  POWERS. 

SECTION  1.  The  powers  of  the  Government  shall  be  divided  into 
three  distinct  Departments  :  The  Legislative,  Executive  and  Judi- 
cial. 

SEC.  2.  No  person  or  persons  belonging  to  one  of  these  depart- 
ments shall  exercise  any  of  the  powers  properly  belonging  to  either 
of  the  others,  except  in  the  cases  herein  directed  or  permitted. 

THE    LEGISLATIVE   DEPARTMENT. 

SEC.  3.  The  Legislative  authority  of  this  State  shall  be  vested  in 
a  General  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives,  both  dependent  on  the  people,  who  shall  hold  their 
offices  for  two  years  from  the  day  of  the  general  election. 

SEC.  4.  An  enumeration  of  the  qualified  voters,  and  an  apportion- 
ment of  the  Representatives  in  the  General  Assembly,  shall  be 
made  in  the  year  one  thousand  eight  hundred  and  seventy-one,  and 
within  every  subsequent  term  of  ten  years. 
27    ' 


418 

SEC.  5.  The  number  of  Representatives  shall,  at  the  several 
periods  of  making  the  enumeration,  be  apportioned  among  the  sev- 
eral counties  or  districts,  according  to  the  number  of  qualified  voters 
in  each,  and  shall  not  exceed  seventy-five,  until  the  population  of 
the  State  shall  be  one  million  and  a  half,  and  shall  never  exceed 
ninety-nine :  Provided,  That  any  county  having  two-thirds  of  the 
ratio  shall  be  entitled  to  one  member. 

SEC.  6.  The  number  of  Senators  shall,  at  the  several  periods  of 
making  the  enumeration,  be  apportioned  among  the  several  counties 
or  districts,  according  to  the  number  of  qualified  electors  in  each, 
and  shall  not  exceed  one-third  the  number  of  Representatives.  In 
apportioning  the  Senators  among  the  different  counties,  the  frac- 
tion that  may  be  lost  by  any  county  or  counties,  in  the  ap- 
portionment of  members  to  the  House  of  Representatives,  shall  be 
made  up  to  such  county  or  counties  in  the  Senate  as  near  as  may  be 
practicable.  When  a  district  is  composed  of  two  or  more  counties, 
they  shall  be  adjoining,  and  no  county  shall  be  divided  in  forming 
a  district. 

SEC.  7.  The  first  election  for  Senators  and  Representatives  shall 
be  held  on  the  second  Tuesday  in  November,  one  thousand  eight 
hundred  and  seventy ;  and  forever  thereafter,  elections  for  members 
of  the  General  Assembly  shall  be  held  once  in  two  years,  on  the 
first  Tuesday  after  the  first  Monday  in  November.  Said  elections 
shall  terminate  the  same  day. 

SEC.  8.  The  first  session  of  the  General  Assembly  shall  commence 
on  the  first  Monday  in  October,  1871,  at  which  time  the  term  of  ser- 
vice of  the  members  shall  commence,  and  expire  on  the  first  Tuesday 
of  November,  1872,  at  which  session  the  Governor  elected  on  the  sec- 
ond Tuesday  in  November,  1870,  shall  be  inaugurated;  and  forever 
thereafter,  the  General  Assembly  shall  meet  on  the  first  Monday  in 
January  next  ensuing  the  election,  at  which  session  thereof  the  Gov- 
ernor shall  be  inaugurated. 

SEC.  9.  No  person  shall  be  a  Representative  unless  he  shall  be  a 
citizen  of  the  United  States,  of  the  age  of  twenty-one  years,  and 
shall  have  been  a  citizen  of  this  State  for  three  years,  and  a  resident 
in  the  county  he  represents  one  year  immediately  preceding  the 
election. 

SEC.  10.  No  person  shall  be  a  Senator  unless  he  shall  be  a  citizen 
of  the  United  States,  of  the  age  of  thirty  years,  and  shall  have  re- 


419 

sided  three  years  in  this  State,  and  one  year  in  the  county  or  district 
immediately  preceding  the  election.  No  Senator  or  Representative 
shall,  during  the  time  for  which  he  was  elected,  be  eligible  to  any 
office  or  place  of  trust,  the  appointment  to  which  is  vested  in  the 
Executive  or  General  Assembly,  except  to  the  office  of  trustee 
of  a  literary  institution. 

SEC.  11.  The  Senate  and  House  of  Representatives,  when  assem- 
bled, shall  each  choose  a  Speaker  and  its  other  officers ;  be  judges  of 
the  qualifications  and  elections  of  its  members,  and  sit  upon  its  own 
adjournments  from  day  to  day.  Not  less  than  two- thirds  of  all  the 
members  to  which  each  house  shall  be  entitled  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  be  authorized  by  law  to  compel  the  attendance 
of  absent  members. 

SEC.  12.  Each  House  may  determine  the  rales  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  concur- 
rence of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the 
same  offence ;  and  shall  have  all  other  powers  necessary  for  a 
branch  of  the  Legislature  of  a  free  State. 

SEC.  13.  Senators  and  Representatives  shall,  in  all  cases  except 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest 
during  the  session  of  the  General  Assembly,  and  in  going  to  and  re- 
turning from  the  same;  and  for  any  speech  or  debate  in  either 
House  they  shall  not  be  questioned  in  any  other  place. 

SEC.  14.  Each  House  may  punish  by  imprisonment,  during  its  ses- 
sion, any  person  not  a  member,  who  shall  be  guilty  of  disrespect  to 
the  House,  by  any  disorderly  or  any  contemptuous  behavior  in  its 
presence. 

SEC.  15.  When'  vacancies  happen  in  either  House,  the  Governor 
for  the  time  being  shall  issue  writs  of  election  to  fill  such  vacancies. 

SEC.  16.  Neither  House  shall,  during  its  session,  adjourn  without 
the  consent  of  the  other,  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  Houses  shall  be  sitting. 

SEC.  17.  Bills  may  originate  in  either  House ;  but  may  be 
amended,  altered  or  rejected  by  the  other.  No  bill  shall  become  u 
law,  which  embraces  more  than  one  subject ;  that  subject  to  be  ex- 
pressed in  the  title.  All  acts  which  repeal,  revive  or  amend  former 
laws,  shall  recite  in  their  caption  or  otherwise,  the  title  or  sub-stainv 
of  the  law  repealed,  revived  or  amended. 


420 

SEC.  18.  Every  bill  shall  be  read  once  on  three  different  days,  and 
be  passed  each  time  in  the  House  where  it  originated/  before  trans- 
mission to  the  other.  No  bill  shall  become  a  law  until  it  shall  have 
been  read  and  passed,  on  three  different  days  in  each  House,  and 
shall  have  received  on  its  final  passage,  in  each  House,  the  assent  of 
a  majority  of  all  the  members  to  which  that  House  shall  be  entitled 
under  this  Constitution ;  and  shall  have  been  signed  by  the  respect- 
ive Speakers  in  open  session — the  fact  of  such  signing  to  be  noted 
on  the  Journal ;  and  shall  have  received  the  approval  of  the  Gov- 
ernor, or  shall  have  been  otherwise  passed  under  the  provisions  of 
this  Constitution. 

SEC.  19.  After  a  bill  has  been  rejected,  no  bill  containing  the 
same  substance  shall  be  passed  into  a  law  during  the  same  session, 

SEC.  20.  The  style  of  the  laws  of  the  State  shall  be,  "  Re  it  en- 
acted by  the  General  Assembly  of  the  State  cf  Tennessee."  No  law 
of  a  general  nature  shall  take  effect  until  forty  days  after  its  pas- 
sage, unless  the  same  or'  the  caption  thereof  shall  state  that  the  pub- 
lic welfare  requires  that  it  should  take  effect  sooner. 

SEC.  21.  Each  House  shall  keep  a  journal  of  its  proceedings,  and 
publish  it,  except  such  parts  as  the  welfare  of  the  State  may  require 
to  be  kept  secret ;  the  ayes  and  noes  shall  be  taken  in  each  House 
upon  the  final  passage  of  every  bill  of  a  general  character,  and  bills 
making  appropriations  of  public  moneys ;  and  the  ayes  and  noes  of 
the  members  on  any  question,  shall,  at  the  request  of  any  five  of 
them,  be  entered  on  the  journal. 

SEC.  22.  The  doors  of  each  House  and  of  Committees  of  the 
Whole  shall  be  kept  open,  unless  when  the  business  shall  be  such 
as  ought  to  be  kept  secret. 

SEC.  23.  The  sum  of  four  dollars  per  day,  and'  four  dollars  for 
every  twenty-five  miles  traveling  to  and  from  the  seat  of  govern- 
ment, shall  be  allowed  to  the  members  of  each  General  Assembly 
elected  after  the  ratification  of  this  Constitution,  as  a  compensation 
for  their  services.  But  no  member  shall  be  paid  for  more  than 
seventy-five  days  of  a  regular  session,  or  for  more  than  twenty  days 
of  any  extra  or  called  session ;  or  for  any  day  when  absent  from  his 
seat  in  the  Legislature,  unless  physically  unable  to  attend.  The 
Senators  when  sitting  as  a  court  of  impeachment  shall  each  receive 
four  dollars  per  day  of  actual  attendance. 

SEC.  24.  No  money  shall  be  drawn  from  the  treasury  but  in  con- 


421 

sequence  of  appropriations  made  by  law ;  and  an  accurate  state- 
ment of  the  receipts  and  expenditures  of  the  public  money  shall  be 
attached  to  and  published  with  the  laws  at  the  rise  of  each  stated 
session  of  the  General  Assembly. 

SEC,  25.  No  person  who  heretofore  hath  been,  or  may  hereafter 
be,  a  collector  or  holder  of  public  moneys,  shall  have  a  seat  in  either 
House  of  the  General  Assembly,  or  hold  any  other  office  under  the 
State  Government,  until  such  person  shall  have  accounted  for  and 
paid  into  the  treasury  all  sums  for  which  he  may  be  accountable  or 
liable, 

SEC.  26.  No  Judge  of  any  court  of  law  or  equity,  S3creta>y  of 
State,  Attorney-General,  Register,  Clerk  of  any  Court  of  Record,  or 
person  holding  any  office  under  the  authority  of  the  United  States, 
shall  have  a  seat  in  the  General  Assembly,  nor  shall  any  person  in 
this  State  hold  more  than  one  lucrative  office  at  the  same  time : 
Provided,  That  no  appointment  in  the  militia,  or  to  the  office  of 
Justice  of  the  Peace,  shall  be  considered  a  lucrative  office,  or  opera- 
tive as  a  disqualification  to  a  seat  in  either  House  of  the  General 
Assembly. 

SEC.  27.  Any  member  of  either  House  of  the  General  Assembly 
shall  have  liberty  to  dissent  from  and  protest  against  any  act  or  re- 
solve which  he  may  think  injurious  to  the  Public  or  to  any  indi- 
vidual, and  to  have  the  reasons  for  his  dissent  entered  on  the  jour- 
nals. 

SEC.  28,  All  property,  real,  personal  or  mixed,  shall  be  taxed, 
but  the  Legislature  may  except  such  as  may  be  held  by  the  State, 
by  counties,  cities  or  towns,  and  used  exclusively  for  public  or  cor- 
poration purposes,  and  such  as  may  be  held  and  used  for  purposes 
purely  religious,  charitable,  scientific,  literary  or  educational,  and 
shall  except  one  thousand  dollars'  worth  of  personal  property  in  the 
hands  of  each  tax-payer,  and  the  direct  product  of  the  soil  in  the 
hands  of  the  producer  and  his  immediate  vendee.  All  property 
shall  be  taxed  according  to  its  value,  that  value  to  be  ascertained  in 
such  manner  as  the  Legislature  shall  direct,  so  that  taxes  shall  be 
equal  and  uniform  throughout  the  State.  No  one  species  of  prop- 
erty from  which  a  tax  may  be  collected  shall  be  taxed  higher  than 
any  other  species  of  property  of  the  same  value.  But  the  Legis- 
lature shall  have  power  to  tax  Merchants,  Peddlers,  and  priv- 
ileges, in  such  manner  as  they  may  from  time  to  time  direct. 


422 

The  portion  of  a  Merchant's  Capital  used  in  the  purchase  of  Mer- 
chandise sold  by  him  to  non-residents  and  sent  beyond  the  State, 
shall  not  be  taxed  at  a  rate  higher  than  the  ad  valorem  tax  on  prop- 
erty. The  Legislature  shall  have  the  power  to  levy  a  tax  upon  in- 
comes derived  from  stocks  and  bonds  that  are  not  taxed  ad  valorem. 
All  male  citizens  of  this  State  over  the  age  of  twenty-one  years, 
except  such  persons  as  may  be  exempted  by  law  on  account  of  age 
or  other  infirmity,  shall  be  liable  to  a  poll  tax  of  not  less  than  fifty 
cents  nor  more  than  one  dollar  per  annum.  Nor  shall  any  county 
or  corporation  levy  a  poll  tax  exceeding  the  amount  levied  by  the 
State. 

SEC.  29.  The  General  Assembly  shall  have  power  to  authorize  the 
several  counties  and  incorporated  towns  in  this  State,  to  impose 
taxes  for  county  and  corporation  purposes  respectively,  in  such  man- 
ner as  shall  be  prescribed  by  law  ;  and  all  property  shall  be  taxed 
according  to  its  value,  upon  the  principles  established  in  regard  to 
State  taxation.  But  the  credit  of  no  County,  City  or  Town  shall  be 
given  or  loaned  to  or  in  aid  of  any  person,  company,  association  or 
corporation,  except  upon  an  election  to  be  first  held  by  the  qualified 
voters  of  such  County,  City  or  Town,  and  the  assent  of  three-fourths 
of  the  votes  cast  at  said  election.  Nor  shall  any  County,  City  or 
Town  become  a  stockholder  with  others  in  any  company,  association 
or  corporation,  except  upon  a  like  election  and  the  assent  of  a  like 
majority.  But  the  counties  of  Grainger,  Hawkins,  Hancock, 
Union,  Campbell,  Scott,  Morgan,  Grundy,  Sumner,  Smith,  Fen- 
tress,  Van  Buren,  and  the  new  county  herein  authorized  to  be  estab- 
lished out  of  fractions  of  Sumner,  Macon  and  Smith  counties,  White, 
Putnam,  Overton,  Jackson,  Cumberland,  Anderson,  Henderson, 
Wayne,  Cocke,  Coffee,  Macon,  Marshall  and  Roane  shall  be  excepted 
out  of  the  provisions  of  this  section,  so  far  that  the  assent  of  a  ma- 
jority of  the  qualified  voters  of  either  of  said  counties  voting  on 
the  question  shall  be  sufficient,  when  the  credit  of  such  county  is 
given  or  loaned  to  any  person,  association  or  corporation :  Provided, 
That  the  exception  of  the  counties  above  named  shall  not  be  in  force 
beyocd  the  year  one  thousand  eight  hundred  and  eighty,  and  after 
that  period  they  shall  be  subject  to  the  three-fourths  majority  ap- 
plicable to  the  other  counties  of  the  State. 

SEC.  30.  No  article  manufactured  of  the  produce  of  this  State 
shall  be  taxed  otherwise  than  to  pay  inspection  fees. 


423 

SEC.  31.  The  credit  of  this  State  shall  not  be  hereafter  loaned  or 
given  to  or  in  aid  of  any  person,  association,  company,  corporation, 
or  municipality ;  nor  shall  the  State  become  the  owner,  in  whole  or 
in  part,  of  any  bank,  or  a  stockholder  with  others  in  any  associa- 
tion, company,  corporation,  or  municipality. 

SEC.  32.  No  Convention  or  General  Assembly  of  this  State  shall 
act  upon  any  amendment  of  the  Constitution  of  the  United  States 
proposed  by  Congress  to  the  several  States,  unless  such  Convention 
or  General  Assembly  shall  have  been  elected  after  such  amendment 
is  submitted. 

SEC.  33.  No  bonds  of  the  State  shall  be  issued  to  any  railroad 
company  which,  at  the  time  of  its  application  for  the  same,  shall 
be  in  default  in  paying  the  interest  upon  the  State  bonds  previous- 
ly loaned  to  it,  or  that  shall  hereafter  and  before  such  application, 
sell  or  absolutely  dispose  of  any  State  bonds  loaned  to  it  for  less 
than  par. 


ARTICLE   III. 

EXECUTIVE    DEPARTMENT. 

SECTION  1.  The  Supreme  Executive  power  of  this  State  shall  be 
vested  in  a  Governor. 

SEC.  2.  The  Governor  shall  be  chosen  by  the  electors  of  the  mem- 
bers of  the  General  Assembly,  at  the  time  and  places  where  they 
shall  respectively  vote  for  the  members  thereof.  The  returns  of 
every  election  for  Governor  shall  be  sealed  up,  and  transmitted  to 
the  seat  of  government  by  the  returning  officers,  directed  to  the 
Speaker  of  the  Senate,  who  shall  open  and  publish  them  in  the 
presence  of  a  majority  of  the  members  of  each  House  of  the  Gen- 
eral  Assembly.  The  person  having  the  highest  number  of  votes 
shall  be  Governor ;  but  if  two  or  more  shall  be  equal  and  highest  in 
votes,  one  of  them  shall  be  chosen  Governor  by  joint  vote  of  both 
Houses  of  the  General  Assembly.  Contested  elections  for  Gover- 
nor shall  be  determined  by  both  Houses  of  the  General  Assembly> 
in  such  manner  as  shall  be  prescribed  by  law. 

SEC.  3.  He  shall  be  at  least  thirty  years  of  age,  shall  be  a  citizen 


424 

of  the  United  States,  and  shall  have  been  a  citizen  of  this  State 
seven  years  next  before  his  election. 

SEC.  4.  The  Governor  shall  hold  his  office  for  two  years,  and  un- 
til his  successor  shall  be  elected  and  qualified.  He  shall  not  be 
eligible  more  than  six  years  in  any  term  of  eight. 

SEC.  5.  He  shall  be  Commander-in-chief  of  the  Army  and  Navy 
of  the  State,  and  of  the  Militia,  except  when  they  shall  be  called 
into  the  service  of  the  United  States;  but  the  Militia  shall  not  be 
called  into  service  except  in  case  of  rebellion  or  invasion,  and  then 
only  when  the  General  Assembly  shall  declare  by  law  that  the 
public  safety  requires  it. 

SEC.  6.  He  shall  have  power  to  grant  reprieves  and  pardons,  after 
conviction,  except  in  cases  of  impeachment. 

SEC.  7.  He  shall,  at  stated  times,  receive  a  compensation  for  his  ser- 
vices, which  shall  not  be  increased  or  diminished  during  the  period 
for  which  he  shall  have  been  elected. 

SEC.  8.  He  may  require  information,*  in  writing,  from  the  officers 
in  the  Executive  Department,  upon  any  subject  relating  to  the  du- 
ties of  their  respective  offices. 

SEC.  9.  He  may,  on  extraordinary  occasions,  convene  the  General 
Assembly  by  proclamation,  in  which  he  shall  state  specifically  the 
purposes  for  which  they  are  to  convene ;  but  they  shall  enter  on  no 
legislative  business  except  that  for  which  they  were  specifically 
called  together. 

SEC.  10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

SEC.  11.  He  shall,  from  time  to  time,  give  to  the  General  Assem- 
bly information  of  the  state  of  the  government,  and  recommend  for 
their  consideration  such  measures  as  he  shall  judge  expedient. 

SEC.  12.  In  case  of  the  removal  of  the  Governor  from  office,  or  of 
his  death  or  resignation,  the  powers  and  duties  of  the  office  shall 
devolve  on  the  Speaker  of  the  Senate ;  and  in  case  of  the  death,  re- 
moval from  office,  or  resignation  of  the  Speaker  of  the  Senate,  the 
powers  and  duties  of  the  office  shall  devolve  on  the  Speaker  of  the 
House  of  Representatives. 

SEC.  13.  No  member  of  Congress,  or  person  holding  any  office 
under  the  United  States,  or  this  State,  shall  execute  the  office  of 
Governor. 

SEC.  14.  When  any  officer,  the  right  of  whose  appointment  is  by 
this  Constitution  vested  in  the  General  Assembly,  shall,  during  the 


425 

recess,  die,  or  the  office,  by  the  expiration  of  the  term,  or  by  other 
means,  become  vacant,  the  Governor  shall  have  the  power  to  fill  such 
vacancy  by  granting  a  temporary  commission,  which  shall  expire  at 
the  end  of  the  next  session  of  the  Legislature. 

SEC.  15.  There  shall  be  a  Seal  of  tiiis  State,  which  shall  be  kept 
by  the  Governor  and  used  by  him  officially,  and  shall  be  called  the 
GREAT  SEAL  OF  THE  STATE  OF  TENNESSEE. 

SEC.  16.  All  grants  and  commissions  shall  be  in  the  name  and  by 
-the  authority  of  the  State  of  Tennessee,  be  sealed  with  the  State 
seal  and  signed  by  the  Governor. 

SEC.  17.  A  Secretary  of  State  shall  be  appointed  by  joint  vote  of 
the  General  Assembly,  and  commissioned  during  the  term  of  four 
years ;  he  shall  keep  a  fair  register  of  all  the  official  acts  and  pro- 
ceedings of  the  Governor,  and  shall,  when  required,  lay  the  same 
and  all  papers,  minutes  and  vouchers  relative  thereto,  before  the 
General  Assembly  ;  and  shall  perform  such  other  duties  as  shall  be 
enjoined  by  law. 

SEC.  18.  Every  Bill  which  may  pass  both  Houses  of  the  General 
•Assembly,  shall,  before  it  becomes  a  law,  be  presented  to  the  Gov- 
ernor for  his  signature.  If  he  approve,  he  shall  sign  it,  and  the 
same  shall  become  a  law;  but  if  he  refuse  to  sign  it,  he  shall  return 
it,  with  his  objections  thereto,  in  writing,  to  the  House  in  which  it 
-originated,  and  said  House  shall  cause  said  objections  to  be  entered 
at  large  upon  its  journal,  and  proceed  to  reconsider  the  Bill.  If, 
after  such  reconsideration,  a  majority  of  all  the  members  elected  to 
that  House  shall  agree  to  pass  the  Bill,  notwithstanding  the  objec- 
tions of  the  Executive,  it  shall  be  sent,  with  said  objections,  to  the 
other  House,  by  which  it  shall  be  likewise  reconsidered.  If  ap- 
proved by  a  majority  of  the  whole  number  elected  to  that  House,  it 
shall  become  a  law.  The  votes  of  both  Houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  all  the  members  voting  for  or 
against  the  Bill  shall  be  entered  upon  the  journals  of  their  respec- 
tive Houses.  If  the  Governor  shall  fail  to  return  any  bill,  with 
his  objections,  within  five  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  become  a  law  without 
his  signature,  unless  the  General  Assembly,  by  its  adjournment, 
prevents  its  return,  in  which  case  it  shall  not  become  a  law.  Every 
Joint  Resolution  or  Order  (except  on  questions  of  adjournment)  .shall 
likewise  be  presented  to  the  Governor  for  his  signature,  and  before 


426 

it  shall  take  effect  shall  receive  his  signature  ;  and  on  being  disap- 
proved by  him,  shall,  in  like  manner,  be  returned  with  his  objec- 
tions ;  and  the  same,  before  it  shall  take  effect,  shall  be  re-passed  by 
a  majority  of  all  the  members  elected  to  both  Houses,  in  the  manner 
and  according  to  the  rules  prescribed  in  case  of  a  Bill. 

ARTICLE   IV. 

ELECTIONS. 

SECTION  1.  Every  male  person  of  the  age  of  twenty-one  years, 
being  a  citizen  of  the  United  States,  and  a  resident  of  this  State  for 
twelve  months,  and  of  the  county  wherein  he  may  offer  his  vote  for 
six  months  next  preceding  the  day  of  election,  shall  be  entitled  to 
vote  for  members  of  the  General  Assembly,  and  other  civil  officers 
for  the  county  or  district  in  which  he  resides ;  and  there  shall  be  no 
qualification  attached  to  the  right  of  suffrage,  except  that  each  voter 
shall  give  to  the  judges  of  election,  where  he  offers  to  vote,  satisfac- 
tory evidence  that  he  has  paid  the  poll  taxes  assessed  against  him  for 
such  preceding  period  as  the  Legislature  shall  prescribe,  and  at  such 
time  as  may  be  prescribed  by  law,  without  which  his  vote  cannot  be 
received.  And  all  male  citizens  of  the  State  shall  be  subj  ect  to  the 
payment  of  poll  taxes  and  the  performance  of  military  duty  within 
such  ages  as  may  be  prescribed  by  law.  The  General  Assembly 
shall  have  power  to  enact  laws  requiring  voters  to  vote  in  the  elec- 
tion precincts  in  which  they  may  reside,  and  laws  to  secure  the  free- 
dom of  elections  and  the  purity  of  the  ballot-box. 

SEC.  2.  Laws  may  be  passed  excluding  from  the  right  of  suffrage 
persons  who  may  be  convicted  of  infamous  crimes. 

SEC.  3.  Electors  shall,  in  all  cases,  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  or  summons,  during 
their  attendance  at  elections,  and  in  going  to  and  returning  from 
them. 

SEC.  4.  In  all  elections  to  be  made  by  the  General  Assembly,  the 
members  thereof  shall  vote  viva  voce,  and  their  votes  shall  be  enter- 
ed on  the  journal.  All  other  elections  shall  be  by  ballot. 

ARTICLE  Y. 

IMPEACHMENT. 

SECTION  1.  The  House  of  Representatives  [shall  have  the  sole 
power  of  impeachment. 


427 

SEC.  2.  All  impeachments  shall  be  tried  by  the  Senate.  When 
sitting  for  that  purpose,  the  Senators  shall  be  upon  oath  or  affirma- 
tion, and  the  Chief  Justice  of  the  Supreme  Court,  or  if  he  be  on 
trial,  the  Senior  Associate  Judge,  shall  preside  over  them.  No  per- 
son shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
Senators  sworn  to  try  the  officer  impeached. 

SEC.  3.  The  House  of  Representatives  shall  elect,  from  their  own 
body,  three  members,  whose  duty  it  shall  be  to  prosecute  impeach- 
ments. No  impeachment  shall  be  tried  until  the  Legislature  shall 
have  adjourned  sine  die,  when  the  Senate  shall  proceed  to  try  such 
impeachment. 

SEC.  4.  The  Governor,  Judges  of  the  Supreme  Court,  Judges  of 
the  Inferior  Courts,  Chancellors,  Attorneys  for  the  State,  Treasurer, 
Comptroller,  and  Secretary  of  State,  shall  be  liable  to  impeachment 
whenever  they  may,  in  the  opinion  of  the  House  of  Representa- 
tives, commit  any  crime  in  their  official  capacity  which  may  require 
disqualification;  but  judgment  shall  only  extend  to  removal  from 
office,  and  disqualification  to  fill  any  office  thereafter.  The  party 
shall,  nevertheless,  be  liable  to  indictment,  trial,  judgment  and  pun- 
ishment according  to  law.  The  Legislature  now  has,  and  shall  con- 
tinue to  have,  power  to  relieve  from  the  penalties  imposed,  any  per- 
son disqualified  from  holding  office  by  the  judgment  of  a  Court 
of  Impeachment. 

SEC.  5.  Justices  of  the  Peace,  and  other  civil  officers,  not  herein- 
before mentioned,  for  crimes  or  misdemeanors  in  office,  shall  be  lia- 
ble to  indictment  in  such  courts  as  the  Legislature  may  direct;  and 
upon  conviction,  shall  be  removed  from  office  by  said  court,  as  if 
found  guilty  on  impeachment ;  and  shall  be  subject  to  such  other 
punishment  as  may  be  prescribed  by  law. 


ARTICLE   VI. 

JUDICIAL    DEPARTMENT. 

SECTION  1.  The  judicial  power  of  this  State  shall  be  vested  in 
one  Supreme  Court,  and  in  such  Circuit,  Chancery  and  other  inferior 
courts  as  the  Legislature  shall,  from  time  to  time,  ordain  and  estab- 
lish, in  the  Judges  thereof,  and  in  Justices  of  the  Peace.  The  Leg- 


428 

islature  may  also  vest  such  jurisdiction  in  Corporation  Courts  as 
may  be  deemed  necessary.  Courts  to  be  h olden  by  Justices  of  the 
Peace  may  also  be  established. 

SEC.  2.  The  Supreme  Court  shall  consist  of  five  Judges,  of  whom 
not  more  than  two  shall  reside  in  any  one  of  the  grand  divisions  of 
thfc  State.  The  Judges  shall  designate  oije  of  their  own  number 
who  shall  preside  as  Chief  Justice.  The  concurrence  of  three  of 
the  Judges  shall,  in  every  case,  be  necessary  to  a  decision.  The 
jurisdiction  of  this  Court  shall  be  appellate  only,  under  such  restric- 
tions and  regulations  as  may,  from  time  to  time,  be  prescribed  by 
law ;  but  it  may  possess  such  other  jurisdiction  as  is  now  conferred 
by  law  on  the  present  Supreme  Court;  said  Court  shall  be  held  at 
Knoxville,  Nashville  and  Jackson. 

SEC.  3.  The  Judges  of  the  Supreme  Court  shall  be  elected  by  the 
qualified  voters  of  the  State.  The  Legislature  shall  have  power  to 
prescribe  such  rules  as  may  be  necessary  to  carry  out  the  provisions 
of  Section  2,  of  this  Article.  Every  Judge  of  the  Supreme  Court; 
shall  be  thirty-five  years  of  age,  and  shall,  before  his  election,  have 
been  a  resident  of  the  State  for  five  years.  His  term  of  service 
shall  be  eight  years. 

SEC.  4.  The  Judges  of  the  Circuit  and  Chancery  Courts,  and  of 
other  inferior  courts,  shall  be  elected  by  the  qualified  voters  of  the 
district  or  circuit  to  which  they  are  to  be  assigned.  Every  Judge 
of  such  courts  shall  be  thirty  years  of  age,  and  shall,  before  his 
election,  have  been  a  resident  of  the  State  five  years,  and  of  the 
circuit  or  district  one  year.  His  term  of  service  shall  be  eight 
years. 

SEC.  5.  An  Attorney-General  and  Reporter  for  the  State,  shall  be 
appointed  by  the  Judges  of  the  Supreme  Court,  and  shall  hold  his 
office  for  a  term  of  eight  years.  An  Attorney  for  the  State  for  any 
circuit  or  district  for  which  a  Judge  having  criminal  jurisdiction 
shall  be  provided  by  law,  shall  be  elected  by  the  qualified  voters  of 
such  circuit  or  district,  and  shall  hold  his  office  for  a  term  of  eight 
y«ars,  and  shall  have  been  a  resident  of  the  State  five  years,  and  of 
the  circuit  or  district,  one  year.  In  all  cases  where  the  Attorney 
for  any  district  fails  or  refuses  to  attend  and  prosecute  according  to 
law,  the  Court  shall  have  power  to  appoint  an  Attorney  pro  tern- 
pore. 

SE"C.  6.  Judges  and  Attorneys  for  the  State  may  be  removed  from 


429 

office  by  a  concurrent  vote  of  both  Houses  of  the  General  Assem- 
bly, each  J louse  voting  separately;  but  two-thirds  of  the  member?* 
to  which  each  House  may  be  entitled,  must  concur  in  such  vote.  The 
vote  shall  be  determined  by  ayes  and  noes,  and  the  names  of  the 
members  voting  for  or  against  the  Judge  or  Attorney  fo^  the  State, 
together  with  the  cause  or  causes  of  removal,  shall  be  entered  on  tl^0 
Journal  of  each  House  Respectively.  The  Judge  or  Attorney  for 
the  State,  against  whom  the  Legislature  may  be  about  to  proceed, 
.shall  receive  notice  thereof,  accompanied  with  a  copy  of  the  causes 
alleged  for  his  removal,  at  least  ten  days  before  the  day  on  which 
either  House  of  the  General  Assembly  shall  act  thereupon. 

SEC.  7.  The  Judges  of  the  Supreme  or  Inferior  Courts  shall,  at 
stated  times,  receive  a  compensation  for  their  services,  to  be  ascer- 
tained by  law,  which  shall  not  be  increased  or  diminished  during 
the  time  for  which  they  are  elected.  They  shall  not  be  allowed  any 
lees  or  perquisites  of  office,  nor  hold  any  office  of  trust  or  profit 
under  this  State  or  the  United  States. 

SEC.  8.  The  jurisdiction  of  the  Circuit,  Chancery,  and  other  in- 
ferior courts,  shall  be  as  now  established  by  law,  until  changed  by 
the  Legislature. 

SEC.  9.  Judges  shall  not  charge  juries  with  respect  to  matters  of 
fact,  but  may  state  the  testimony  and  declare  the  law. 

SEC.  10.  Judges  or  Justices  of  the  inferior  courts  of  Law  and 
Equity,  shall  have  power  in  all  civil  cases,  to  issue  writs  of  certwrari, 
to  remove  any  cause  or  the  transcript  of  the  record  thereof,  from 
any  inferior  jurisdiction  into  such  court  of  law,  on  sufficient  cause, 
supported  by  oath  or  affirmation. 

SEC.  11.  No  Judge  of  the  Supreme  or  inferior  courts  shall  preside 
on  the  trial  of  any  cause  in  the  event  of  which  he  may  be  interested, 
or  where  either  of  the  parties  shall  be  connected  with  him  by  affin- 
ity or  consanguinity,  within  such  degrees  as  may  be  prescribed  by 
law,  or  in  which  he  may  have  been  of  counsel,  or  in  which  he  may 
have  presided  in  any  inferior  court,  except  by  consent  of  all  the 
parties.  In-  case  all  or  any  of  the  Judges  of  the  Supreme  Court, 
shall  thus  be  disqualified  from  presiding  on  the  trial  of  any  cause 
or  causes,  the  Court  or  the  Judges  thereof,  shall  certify  the  same  to 
the  Governor  of  the  State,  and  he  shall  forthwith  specially  com- 
mission the  requisite  number  of  men  of  law  knowledge,  for  the  trial 
and  determination  thereof.  The  Legislature  may,  by  general  laws, 


430 

make  provision  that  special  Judges  may  be  appointed  to  hold  any 
Court,  the  Judge  of  which  shall  be  unable" or  fail  to  attend  or. sit ; 
or  to  hear  any  cause  in  which  the  Judge  may  be  incompetent. 

SEC.  12.  All  writs  and  other  process  shall  run  in  the  name  of  the 
State  of  Teijnessee;  and  bear  test  and  be  signed" by  the  respective 
clerks.  Indictments  shall  conclude,  "  against  the  peace  and  dignity 
of  the  State." 

SEC.  13.  Judges  of  the  Supreme  Court  shall  appoint  their  Clerks, 
who  shall  hold  their  offices  for  six  years.  Chancellors  shall  appoint 
their  Clerks  and  Masters,  who  shall  hold  their  offices  for  six  years. 
Clerks  of  the  inferior  courts,  holden  in  the  respective  counties  or 
districts,  shall  be  elected  by  the  qualified  voters  thereof,  for  the 
term  of  four  years.  Any  Clerk  may  be  removed  from  office  for 
malfeasance,  incompetency,  or  neglect  of  duty,  in  such  manner  as 
may  be  prescribed  by  law. 

SEC.  14.  No  fine  shall  be  laid  on  any  citizen  of  this  State,  that 
shall  exceed  fifty  dollars,  unless  it  shall  be  assessed  by  a  jury  of  his 
peers,  who  shall  assess  the  fine  at  the  time  they  find  the  fact,  if  they 
think  the  fine  should  be  more  than  fifty  dollars. 

SEC.  15.  The  different  counties  of  this  State  shall  be  laid  off  as 
the  General  Assembly  may  direct,  into  districts  of  convenient  size, 
so  that  the  whole  number  in  each  county  shall  not  be  more  than 
twenty-five,  or  four  for  every  one  hundred  square  miles.  There 
shall  be  two  Justices  of  the  Peace  and  one  Constable  elected  in  each 
district,  by  the  qualified  voters  therein,  except  districts  including 
county  towns,  which  shall  elect  three  Justices  and  two  Constables. 
The  jurisdiction  of  said  officers  shall  be  co-extensive  with  the 
county.  Justices  of  the  Peace  shall  be  elected  for  the  term  of  six,  • 
and  Constables  for  the  term  of  two  years.  Upon  the  removal  of  either 
of  said  officers  from  the  district  in  which  he  was  elected,  his  office 
shall  become  vacant  from  the  time  of  such  removal.  Justices  of 
the  Peace  shall  be  commissioned  by  the  Governor.  The  Legisla- 
ture shall  have  power  to  provide  for  the  appointment  of  an  addi- 
tional number  of  Justices  of  the  Peace  in  incorporated  towns. 

AKTICLE  VII. 

STATE  AND  COUNTY  OFFICERS. 

SECTION  1.  There  shall  be  elected  in  each  county,  by  the  quali- 
fied voters  therein,  one  Sheriff,  one  Trustee,  one  Register ;  the 


431 

Sheriff  and- Trustee  for  two  years,  and  the  Register  for  four  years; 
but  no  person  shall  be  eligible  to  the  office  of  Sheriff  more  than  six 
years  in  any  term  of  eight  years.  There  shall  be  elected  for  each 
county,  by  the  Justices  of  the  Peace,  one  Coroner,  and  one  Ranger, 
who  shall  hold  their  offices  for  two  years.  Said  officers  shall  be  re- 
moved for  malfeasance,  or  neglect  of  duty,  in  such  manner  as  may 
be  prescribed  by  law. 

SEC.  2.  Should  a  vacancy  occur,  subsequent  to  an  election,  in  the 
office  of  Sheriff,  Trustee  or  Register,  it  shall  be  filled  by  the  Jus- 
tices ;  if  in  that  of  the  Clerk,  to  be  elected  by  the  people,  it  shall  be 
filled  by  the  courts ;  and  the  person  so  appointed  shall  continue  in 
office  until  his  successor  shall  be  elected  and  qualified;  and  such 
office  shall  be  filled  by  the  qualified  voters  at  the  first  election  for 
any  of  the  county  officers. 

SEC.  3.  There  shall  be  a  Treasurer  or  Treasurers,  and  a  Comp- 
troller of  the  Treasury,  appointed  for  the  State  by  the  joint  vote  of 
both  Houses  of  the  General  Assembly,  who  shall  hold  their  offices 
for  two  years. 

SEC.  4.  .The  election  of  all  officers  and  the  filling  of  all  vacancies 
not  otherwise  directed  or  provided  by  this  Constitution,  shall  be 
made  in  such  manner  as  the  Legislature  shall  direct. 

SEC.  5.  Elections  for  judicial  and  other  civil  officers,  shall  be 
held  on  the  first  Thursday  in  August,  one  thousand  eight  hundred 
and  seventy,  and  forever  thereafter  on  the  first  Thursday  in  August 
next  preceding  the  expiration  of  their  respective  terms  of  service. 

The  term  of  each  officer  so  elected  shall  be  computed  from  the 
first  day  of  September  next  succeeding  his  election.  The  term  of 
office  of  the  Governor  and  other  executive  officers,  shall  be  computed 
from  the  15th  of  January  next  after  the  election  of  the  Governor. 
No  appointment  or  election  to  fill  a  vacancy  shall  be  made  for  a 
period  extending  beyond  the  un expired  term.  Every  officer  shall 
hold  his  office  until  his  successor  is  elected  or  appointed  and  qualified. 
No  special  election  shall  be  held  to  fill  a  vacancy  in  the  office  of 
Judge  or  District  Attorney,  but  at  the  time  herein  fixed  for  the 
biennial  election  of  civil  officers.  And  such  vacancy  shall  be  filled 
at  the  next  biennial  election  recurring  more  than  thirty  days  after  the 
vacancy  occurs. 


432 


ARTICLE  VIII. 

MILITIA. 

SECTION  1.  All  militia  officers  shall  be  elected  by  persons  subject 
to  military  duty,  within  the  bcunds  of  their  several  companies,  bat- 
talions, regiments,  brigades  and  divisions,  under  such  rules  and  regu- 
lations as  the  Legislature  may,  from  time  to  time,  direct  and  es- 
tablish. 

SEC.  2.  The  Governor  shall  appoint  the  Adjutant-general,  and 
his  other  staff  officers ;  the  Major-generals,  Brigadier-generals,  and 
commanding  officers  of  regiments,  shall  respectively  appoint  their 
staff  officers. 

SEC.  3.  The  Legislature  shall  pass  laws,  exempting  citizens  be- 
longing to  any  sect  or  denomination  of  religion,  the  tenets  of  which 
are  known  to  be  opposed  to  the  bearing  of  arms,  from  attending 
private  and  general  musters. 

ARTICLE    IX. 

DISQUALIFICATIONS. 

SECTION  1.  WHEREAS,  Ministers  of  the  Gospel  are,  by  their  profes- 
sion, dedicated  to  God  and  the  care  of  souls,  and  ought  not  to  be 
Diverted  from  the  great  duties  of  their  functions  ;  therefore,  no  Min- 
ister of  the  Gospel,  or  Priest  of  any  denomination  whatever,  shall 
be  eligible  to  a  seat  in  either  House  of  the  Legislature. 

SEC.  2.  No  person  who  denies  the  being  of  God,  or  a  future  state 
of  rewards  and  punishments,  shall  hold  any  office  in  the  civil  de- 
partment of  this  State. 

SEC.  3.  Any  person  who  shall,  after  the  adoption  of  this  Consti- 
tution, fight  a  duel,  or  knowingly  be  the  bearer  of  a  challenge  to 
fight  a  duel,  or  send,  or  accept  a  challenge  for  that  purpose,  or  bean 
aider  or  abettor  in  fighting  a  duel,  shall  be  deprived  of  the  right  to 
hold  any  office  of  honor  or  profit  in  this  State,  and  shall  be  punished 
otherwise,  in  such  manner  as  the  Legislature  may  prescribe. 

ARTICLE  X. 

OATHS,  BRIBERY   OF    ELECTORS,  NEW  COUNTIES. 

SECTION  1.  Every  person  who  shall  be  chosen  or  appointed  to  any 


433 

office  of  trust  or  profit  under  this  Constitution,  or  any  law  made  in 
pursuance  thereof,  shall,  before  entering  upon  the  duties  thereof, 
take  an  oath  to  support  the  Constitution  of  this  Slate,  and  of  the 
United  States,  and  an  oath  of  office. 

Six1.  2.  Each  member  of  the  Senate  and  House  of  Representa- 
tives, shall,  before  they  proceed  to  busines,  take  an  oath  or  affirma- 
tion to  support  the  Constitution  of  this  State,  and  of -the  United 

Stales,  and  also  the  following  oath  :  "  I,  — ,  do  solemnly 

swear  (or  affirm)  that,  as  a  member  of  this  General  Assembly,  I 
will,  in  all  appointments,  vote  without  favor,  affection,  partiality, 
or  prejudice  ;  and  that  I  will  not  propose  or  assent  to  any  bill,  vote 
or  resolution,  which  shall  appear  to  me  injurious  to  the  people,  or 
consent  to  any  act  or  thing  whatever,  that  shall  have  a  tendency  to 
lessen  or  abridge  their  rights  and  privileges,  as  declared  by  the 
Constitution  of  this  State." 

SEC.  3.  Any  elector  who  shall  receive  any  gift  or  reward  for  his 
vote,  in  meat,  drink,  money  or  otherwise,  shall  suffer  such  punish- 
ment as  the  laws  shall  direct.  And  any  person  who  shall  directly 
or  indirectly,  give,  promise  or  bestow  any  such  reward  to  be  elected, 
shall  thereby  be  rendered  incapable,  for  six  years,  to  serve  in  the 
office  for  which  he  was  elected,  and  be  subject  to  such  further  punish- 
ment as  the  Legislature  shall  direct. 

SEC.  4.  New  counties  may  be  established  by  the  Legislature,  to 
consist  of  not  less  than  two  hundred  and  seventy-five  square  miles, 
and  which  shall  contain  a  population  of  seven  hundred  qualified 
voters.  No  line  of  such  county  shall  approach  the  court-house  cf 
any  old  county,  from  which  it  may  be  taken,  nearer  than  eleven 
miles,  nor  shall  such  old  county  be  reduced  to  less  than  five  hundred 
square  miles.  But  the  following  exceptions  are  made  to  the  fore- 
going provisions,  viz  :  New  counties  may  be  established  by  the  pre- 
sent or  any  succeeding  Legislature,  out  of  the  following  territory,  to- 
wit  :  Out  of  that  portion  of  Obion  county  which  lies  west  of  low 
water  mark  of  Reel  Foot  Lake ;  Out  of  fractions  of  Sumner,  Ma- 
con  and  Smith  counties;  but  no  line  of  such  new  county  shall  ap- 
proach the  court-house  of  Sumner  or  Smith  counties  nearer  than  ten 
miles,  nor  include  any  part  of  Macon  county  lying  within  nine  and 
a  half  miles  of  the  court-house  of  said  county  ;  nor  shall  more  than 
twenty  square  miles  of  Macon  county,  nor  any  part  of  Sumner 
county  lying  due  west  of  the  western  boundary  of  Macon  countv, 
28 


434 

be  taken  in  the  formation  of  said  new  county  ;  Out  of  fractions  of 
Grainger  and  Jefferson  counties,  but  no  line  of  such  new  county  shall 
include  any  part  of  Grainger  county  north  of  the  Holston  River; 
nor  shall  any  line  thereof  approach  the  court-house  of  Jefferson 
county  nearer  than  eleven  miles.  Such  new  county  may  include  any 
other  territory  which  is  not  excluded  by  any  general  provision  of 
this  Constitution ;  Out  of  fractions  uf  Jackson  and  Overton  counties,, 
but  no  line  of  such  new  county,  shall  approach  the  court-house  of 
Jackson  or  Overton  counties  nearer  than  ten  miles  ;  nor  shall  such 
county  contain  less  than  four  hundred  qualified  voters,  nor  shall  the 
area  of  either  of  the  old  counties  be  reduced  below  four  hundred 
and  fifty  square  miles ;  Out  of  fractions  of  Roane,  Monroe  and 
Blount  counties,  around  the  town  of  Loudon,  but  no  line  of  such 
new  county  shall  ever  approach  the  towns  of  Maryville,  Kingston 
or  Madisonville  nearer  than  eleven  miles,  except  that  on  the  south 
side  of  the  Tennessee  River,  said  lines  may  approach  as  near  as 
ten  miles  to  the  court-house  of  Roane  county.  The  counties 
of  Lewis,  Cheatham  and  Sequatchie,  as  now  established  by 
legislative  enactments,  are  hereby  declared  to  be  constitutional 
counties.  No  part  of  Bledsoe  county  shall  be  taken  to  form 
a  new  county,  or  a  part  thereof,  or  be  attached  to  any  adjoining  coun- 
ty. That  portion  of  Marion  county,  included  within  the  following 
boundaries  :  Beginning  on  the  Grundy  and  Marion  county  line,  at 
the  Nick-a-jack  Tiace,  and  running  about  six  hundred  yards  west 
of  Ben  Posey's,.  to  where  the  Tennessee  Coal  Railroad  crosses  the 
line,  running  thence  south-east,  through  the  Pocket,  near  William 
Summers7,  crossing  the  Battle  Creek  Gulf,  at  the  corner  of  Thomas 
Wooten's  field ;  thence  running  across  the  Little  Gizzard  Gulf  at 
Raven  Point ;  thence  in  a  direct  line  to  the  bridge  crossing  the  Big 
Fiery  Gizzard ;  thence  in  a  direct  line  to  the  mouth  of  Holy  Water 
Creek  ;  thence  up  said  creek  to  the  Grundy  county  line,  and  thence 
with  said  line  to  the  beginning,  is  hereby  detached  from  Marion 
county,  and  attached  to  the  county  of  Grundy.  No  part  of  a 
county  shall  be  taken  off  .to  form  a  new  county,  or  a  part  there- 
of, without  the  consent  of  two-thirds  of  the  qualified  voters  in 
such  part  taken  off;  and,  where* an  old  county  is  reduced  for  the 
purpose  of  forming  a  new  one,  the  seat  of  justice  in  said  old 
county  shall  not  be  removed,  without  the  concurrence  of  two-thirds 
of  both  branches  of  the  Legislature,  nor  shall  the  seat  of  justice  of 


435 

any  county  be  removed  without  the  concurrence  of  two-thirds  of 
the  qualified  voters  of  the  county.  But  the  foregoing  provision,  re- 
quiring a  two-thirds  majority  of  the  voters  of  a  county  to  remove 
its  county  seat,  shall  not  apply  to  the  counties  of  Obion  and  Cocke. 
The  fractions  taken  from  old  counties  to  form  new  counties,  or 
taken  from  one  county  and  added  to  another,  shall  continue  liable 
for  their  pro  rata  of  all  debts  contracted  by  their  respective  counties 
prior  to  the  separation,  and  be  entitled  to  their  proportion  of  any 
stocks  or  credits  belonging  to  such  old  counties. 

SEC.  5.  The  citizens  who  may  be  included  in  any  new  county 
shall  vote  with  the  county  or  counties,  from  which  they  may  have 
been  stricken  off,  for  members  of  Congress,  for  Governor,  and 
for  members  of  the  General  Assembly,  until  the  next  apportionment 
of  members  of  the  General  Assembly  after  the  establishment  of  such 
new  county. 

ARTICLE  XI. 

MISCELLANEOUS    PROVISIONS. 

SECTION  1.  All  laws  and  ordinances  now  in  force  and  use  in  this 
State,  not  inconsistent  with  this  Constitution,  shall  continue  in  force 
and  use  until  they  shall  expire,  or  be  altered  or  repealed  by  the 
Legislature.  But  ordinances  contained  in  any  former  Constitution 
or  schedule  thereto,  are  hereby  abrogated. 

SEC.  2.  Nothing  contained  in  this  Constitution  shall  impair  the 
validity  of  any  debts  or  contracts,  or  affect  any  rights  of  property, 
or  any  suits,  actions,  rights  of  action,  or  other  proceedings  in  courts 
of  justice. 

SEC.  3.  Any  amendment  or  amendments  to  this  Constitution  may 
be  proposed  in  the  Senate  or  House  of  Representatives ;  and,  if  the 
same  shall  be  agreed  to  by  a  majority  of  all  the  members  elected  to 
each  of  the  two  Houses,  such  proposed  amendment  or  amendments 
shall  be  entered  on  their  journals,  with  the  yeas  and  nays  thereon, 
and  referred  to  the  General  Assembly  then  next  to  be  chosen ;  and 
shall  be  published  six  months  previous  to  the^time  of  making  such 
choice ;  and  if,  in  the  General  Assembly  then  next  chosen  as  aforesaid, 
such  proposed  amendment  or  amendments  shall  be  agreed  to  by  two- 
thirds  of  all  the  members  elected  to  each  House,  then  it  shall  be  the 


436 

duty  of  the  General  Assembly  to  submit  such  proposed  amendment 
or  amendments  to  the  people,  in  such  manner,  and  at  such  times  as 
the  General  Assembly  shall  prescribe.  And  if  the  people  shall  ap- 
prove and  ratify  such  amendment  or  amendments,  by  a  majority  of 
all  the  citizens  of  the  State,  voting  for  Representatives,  voting  in 
their  favor,  such  amendment  or  amendments  shall  become  a  part  of 
this  Constitution.  When  any  amendment  or  amendments  to  the 
Constitution  shall  be  proposed,  in  pursuance  of  the  foregoing  provi- 
sions, the  same  shall,  at  each  of  the  said  sessions, -be  read  three  times 
on  three  several  days  in  each  House.  The  Legislature  shall  not  pro- 
pose amendments  to  the  Constitution  oftener  than  once  in  six  years. 
The  Legislature  shall  have  the  right,  at  any  time,  by  law,  to  submit 
to  the  people  the  question  of  calling  a  Convention  to  alter,  reform 
or  abolish  this  Constitution,  and  when,  upon  such  submission,  a 
majority  of  all  the  votes  cast  shall  be  in  favor  of  said  proposition, 
then  delegates  shall  be  chosen,  and  the  .Convention  shall  assemble 
in  such  mode  and  manner  as  shall  be  prescribed. 

SEC.  4.  The  Legislature  shall  have  no  power  to  grant  divorces, 
but  may  authorize  the  courts  of  justice  to  grant  them  for  such  causes 
as  may  be  specified  by  law;  but  such  laws  shall  be  general  and  uni- 
form in  their  operation  throughout  the  State. 

SEC.  5.  The  Legislature  shall  have  no  power  to  authorize  lotter- 
ies for  any  purpose,  and  shall  pass  laws  to  prohibit  the  sale  of  lot- 
tery tickets  in  this  State. 

SEC.  6.  The  Legislature  shall  have  no  power  to  change  the  names 
of  persons,  or  to  pass  acts  adopting  or  legitimatizing  persons,  but 
shall,  by  general  laws,  confer  this  power  on  the  Courts. 

SEC.  7.  The  Legislature  shall  fix  the  rate  of  interest,  and  the  rate 
so  established  shall  be  equal  and  uniform  throughout  the  State ;  but 
the  Legislature  may  provide  for  a  conventional  rate  of  interest,  not 
to  exceed  ten  per  cent,  per  annum. 

SEC.  8.  The  Legislature  shall  have  no  power  to  suspend  any  gen- 
eral law  for  the  benefit  of  any  particular  individual,  nor  to  pass  any 
law  for  the  benefit  of  individuals,  inconsistent  with  the  general  laws 
of  the  land ;  nor  to  pass  any  law  granting  to  any  individual  or  indi- 
viduals, rights,  priviliges,  immunities,  or  exemptions,  other  than 
such  as  may  be,  by  the  same  law,  extended  to  any  member  of  the 
community  who  may  be  able  to  bring  himself  within  the  provisions 
of  such  law.  No  corporation  shall  be  created,  or  its  powers  in- 


437 

creased  or  diminished  by  special  laws ,  but  the  General  Assembly 
shall  provide  by  general  laws,  for  the  organization  of  all  corpora- 
tions hereafter  created,  which  laws  may,  at  any  time,  be  altered  or 
repealed ;  and  no  such  alteration  or  repeal  shall  interfere  with,  or 
divest,  rights  which  have  become  vested. 

SEC.  9.  The  Legislature  shall  have  the  right  to  vest  such  powers 
in  the  courts  of  justice,  with  regard  to  private  and  local  affairs,  as 
may  be  expedient. 

SEC.  10.  A  well-regulated  system  of  internal  improvement  is  cal- 
culated to  develop  the  resources  of  the  State,  and  promote  the  hap- 
piness and  prosperity  of  her  citizens ;  therefore,  it  ought  to  be  en- 
couraged by  the  General  Assembly. 

SEC.  11.  A  homestead,  in  the  possession  of  each  head  of  a  family, 
and  the  improvements  thereon,  to  the  value,  in  all  of  one  thou- 
sand dollars,  shall  be  exempt  from  sale  under  legal  process  during 
the  life  of  such  head  of  a  family,  to  inure  to  the  benefit  of  the 
widow,  and  shall  be  exempt  during  the  minority  of  their  children 
occupying  the  same.  Xor  shall  said  property  be  alienated  without 
the  joint  consent  of  the  husband  and  wife  when  that  relation  exists. 
This  exemption  shall  not  operate  against  public  taxes,  nor  debts 
contracted  for  the  purchase  money  of  such  homestead,  or  improve- 
ments thereon. 

SEC.  12.  Knowledge,  learning  and  virtue,  being  essential  to  the 
preservation  of  republican  institutions,  and  the  diffusion  of  the  op- 
portunities and  advantages  of  education  throughout  the  different 
portions  of  the  State  being  highly  conducive  to  the  promotion  of 
this  end,  it  shall  be  the  duty  of  the  General  Assembly,  in  all  future 
periods  of  this  Government  to  cherish  literature  and  science.  And 
the  fund  called  the  common  school  fund,  and  all  the  lands  and  pro- 
ceeds thereof,  dividends,  stocks  and  other  property  of  every  descrip- 
tion whatever,  heretofore  by  law  appropriated  by  the  General  As- 
sembly of  this  State  for  the  use  of  common  schools,  and  all  such  as 
shall  hereafter  be  appropriated,  shall  remain  a  perpetual  fund,  the 
principal  of  which  shall  never  be  diminished  by  Legislative  appro- 
priation ;  and  the  interest  thereof  shall  be  inviolably  appropriated 
to  the  support  and  encouragement  of  common  schools  throughout  the 
State,  and  for  the  equal  benefit  of  all  the  people  thereof;  and  no  law 
shall  be  made  authorizing  said  fund,  or  any  part  thereof,  to  be  di-, 
verted  to  any  other  use  than  the  support  and  encouragement  of  com- 


438 

mon  schools.  The  State  taxes  derived  hereafter  from  polls  shall  be 
appropriated  to  educational  purposes,  in  such  manner  as  the  General 
Assembly  shall,  from  time  to  time,  direct  by  law.  No  school  estab- 
lished or  aided  under  this  section  shall  allow  white  and  negro  children 
to  be  received  as  scholars  together  in  the  same  school.  The  above 
provision  shall  not  prevent  the  Legislature  from  carrying  into  effect 
any  laws  that  have  been  passed  in  favor  of  the  Colleges,  Universi- 
ties or  Academies,  or  from  authorizing  heirs  or  distributees  to  re- 
ceive and  enjoy  escheated  property  under  such  laws  as  may  be  passed 
from  time  to  time. 

SEC.  13.  The  General  Assembly  shall  have  power  to  enact  laws 
for  the  protection  and  preservation  of  game  and  fish  within  the 
State,  and  such  laws  may  be  enacted  for  and  applied  and  enforced 
in  particular  counties  or  geographical  districts  designated  by  the 
General  Assembly. 

SEC.  14.  The  intermarriage  of  white  persons  with  negroes,  mulat- 
toes,  or  persons  of  mixed  blood,  descended  from  a  negro  to  the  third 
generation,  inclusive,  or  their  living  together  as  man  and  wife,  in 
this  State,  is  prohibited.  The  Legislature  shall  enforce  this  section 
by  appropriate  legislation. 

SEC.  15.  No  person  shall,  in  time  of  peace,  be  required  to  perform 
any  service  to  the  public  on  any  day  set  apart  by  his  religion  as  a 
day  of  rest. 

SEC.  16.  The  declaration  of  rights,  hereto  prefixed,  is  declared  to- 
be  a  part  of  the  Constitution  of  this  State,  and  shall  never  be  vio- 
lated on  any  pretense  whatever.  And  to  guard  against  transgression 
of  the  high  powers  we  have  delegated,  we  declare  that  every  thing. in 
the  Bill  of  Rights  contained  is  excepted  out  of  the  general  powers 
of  the  government,  and  shall  forever  remain  inviolate. 

SEC.  17.  No  county  office  created  by  the  Legislature  shall  be  filled 
otherwise  than  by  the  people  or  the  County  Court. 


SCHEDULE. 

SECTION  1.  That  no  inconvenience  may  arise  from  a  change  of  the 
Constitution,  it  is  declared  that  the  Governor  of  the  State,  the  mem- 
bers of  the  General  Assembly,  and  all  officers  elected  at  or  after  the 


433 

general  election  of  March,  1870,  shall  hold  their  offices  for  the  terms 
prescribed  in  this  Constitution. 

Officers  appointed  by  the  courts  shall  be  filled  by  appointment,  to 
be  made  and  to  take  effect  during  the  first  term  of  the  court  held  by 
Judges  elected  under  this  Constitution. 

All  other  officers  shall  vacate  their  places  thirty  days  after  the 
day  fixed  for  the  election  of  their  successors  under  this  Constitution. 

The  Secretary  of  State,  Comptroller,  and  Treasurer,  shall  hold 
their  offices  until  the  first  session  of  the  present  General  Assembly 
occurring  after  the  ratification  of  this  Constitution,  and  until  their 
successors  are  elected  and  qualified. 

The  officers  hen  elected  shall  hold  their  offices  until  the  15th 
day  of  January,  1873. 

SEC.  2.  At  the  first  election  of  Judges  under  this  Constitution, 
there  shall  be  elected  six  Judges  of  the  Supreme  Court,  two  from 
each  grand  division  of  the  State,  who  shall  hold  their  offices  for  the 
term  herein  prescribed. 

In  the  event  any  vacancy  shall  occur  in  the  offices  of  eittoer  of 
said  Judges  at  any  time  after  the  first  day  of  January,  1873,  it  shall 
remain  unfilled,  and  the  Court  shall  from  that  time  be  constituted 
of  five  Judges. 

While  the  Court  shall  consist  of  six  Judges  they  may  sit  in  two 
sections,  and  may  hear  and  determine  causes  in  each  at  the  same 
time,  but  not  in  different  grand  divisions  at  the  same  time. 

When  so  sitting  the  concurrence  of  two  Judges  shall  be  neces- 
sary to  a  decision. 

The  Attorney-General  and  Reporter  for  the  State  shall  be  ap- 
pointed after  the  election  and  qualification  of  the  Judges  of  the  Su- 
preme Court  herein  provided  for. 

SEC.  3.  Every  Judge  and  every  officer  of  the  Executive  Depart- 
ment of  this  State,  and  every  Sheriff  holding  over  under  this  Con- 
stitution, shall,  within  twenty  days  after  the  ratification  of  this 
Constitution  is  proclaimed,  take  an  oath  to  support  the  same,  and 
the  failure  of  any  officer  to  take  such  oath  shall  vacate  his  offioe. 

SEC.  4.  The  time  which  has  elapsed  from  the  6th  day  of  May, 
1861,  until  the  1st  day  of  January,  1867,  shall  not  be  computed  in 
any  cases  affected  by  the  statutes  of  limitation,  nor  shall  any  writ 
of  error  be  affected  by  such  lapse  of  time. 

Done  in  Convention,  at  Nashville,  the  23d  day  of  February,  in 


440 


the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy,  and 
of  the  independence  of  the  United  States  the  ninety-fourth.  In 
testimony  whereof  we  have  hereunto  set  our  names. 

JOHN  C.  BROWN,  President. 


Attest : 


JOHN  ALLEN, 
JESSE  ARLEDGE, 
HUMPHREY  R.  BATE, 
JOHN  BAXTER, 
A.  BLIZARD, 
NATHAN  BRANDON, 
R.  P.  BROOKS, 
JAMES  BRITTON, 
NEILL  S.  BROWN, 
JAMES  S.  BROWN, 
T.  M.  BURKETT, 
JNO.  W.  BURTON, 
WM.  BYRNE, 
ALEX.  W.  CAMPBELL, 
WM.  BLOUNT  CARTER, 
Z.  R.  CHOWNING, 
JAMES  A.  COFFIN, 
WARREN  CUMMINGS, 
ROBT.  P.  CYPERT, 
W.  Y.  DEADERICK, 
THOS.  D.  DEAVENPORT, 
G.  G.  DIBRELL, 

W.    F.    DOHERTY, 

J.  E.  DROMGOOLE, 
JAMES  FENTRESS, 

A.  T.  FIELDER, 
P.  G.  FULKERSON, 
JNO.  A.  GARDNER, 
JOHN  E.  GARNER, 
S.  P.  GAUT, 
CHAS.  N.  GIBBS, 

B.  GORDON, 

J.  B.  HEISKELL, 


R.  HENDERSON, 
H.  L.  W.  HILL, 
SPL.  HILL, 
SAM.  S.  HOUSE, 
JOHN  F.  HOUSE, 
T.  B.  IVIE, 
THOMAS  M.  JONES, 
DAVID  M.  KENNEDY, 
D    M.  KEY, 
SAM.  J.  KIRKPATRICK, 
A.  A.  KYLE, 
Jos.  A.  MABRY, 
A.  G.  McDouGAL, 
MALCOM  McNABB, 
MATT.  MARTIN, 
JOHN  H.  MEEKS, 
THOS.  C.  MORRIS, 
J.  NETHERLAND, 
A.  O.  P.  NICHOLSON, 
GEO.  C.  PORTER, 
JAS.  D.  PORTER,  JR., 
GEORGE  E.  SEAY, 
SAMUEL  G.  SHEPARD, 
E.  H.  SHELTON, 
WM.  H.  STEPHENS, 
JNO.  M.  TAYLOR, 
J.  C.  THOMPSON, 
W.  VANCE  THOMPSON, 
JAMES  J.  TURNER, 
GEO.  W.  WALTERS, 
RICHARD  WARNER,  JR. 
WM.  H.  WILLIAMSON, 
W.  M.  WRIGHT. 


THOS.  W.  JONES, 

Assistant  Secretary. 
W.  S.  KYLE, 

2d  Ass't  Secretary. 


T.  E.  S.  RUSSWURM, 

Secretary. 


ORDINANCE. 


1.  Be  it  ordained  by  the  Convention,  That  it  shall  be  the  duty  of 
the  several  officers  of  the  State,  authorized  by  law  to   hold  elections 
for  members  of  the  General  Assembly  and   other  officers,  to  open 
and  hold  an  election  at  the  place  of  holding  said  elections  in   their 
respective  counties,  on  the  fourth  Saturday  in  March,  1870,  for  th£ 
purpose  of  receiving  the  votes  of  such  qualified  voters  as  m%y  desire 
to  vote  for  the  ratification  or  rejection  of  the   Constitution  recom- 
mended by  this  Convention.     And  the  qualification   of  voters  in 
said  election  be  the  same  as  that  required  in  the  election  of  dele- 
gates to  this  Convention. 

2.  It  shall  be  the  duty  of  said  returning  officers,  in   each  county 
in  this  State,  to  enroll  the  name  of  each  voter   on   the  poll-books 
prepared  for  said  election,  and  shall  deposit  each  ballot  in   the  bal- 
lot-boxes respectively.     Each  \Toter  who  wishes  to  ratify  the  new 
Constitution  shall  have  written  or  printed  on  his  ticket  the  words, 
"  New  Constitution/7  or  words  of  like  import ;  and  each  voter  who 
wishes  to  vote  against  the  ratification  of  the  new  Constitution  shall 
have  written   or  printed  on  his   ticket  the  words,  "  Old  Constitu- 
tion," or  words  of  like  import. 

Sec.  3.  The  election  shall  beheld,  and  the  judges  and  clerks  shall 
be  appointed,  as  in  the  case  of  the  election  of  the  members  of  the 
General  Assembly,  and  the  returning  officers,  in  presence  of  the 
judges  or  inspectors,  shall  count  the  votes  given  for  the  "  New  Consti- 
tution," and  of  those  given  for  the  "  Old  Constitution,"  of  which  they 
shall  keep  a  correct  estimate  in  said  poll  books.  They  shall  deposit 


442 

the  original  poll  books  of  said  election  with  the  Clerks  of  the  County 
Courts  in  the  respective  counties,  and  shall,  within  five  days  after 
the  election,  make  out  accurate  statements  of  the  number  of  votes 
in  their  respective  counties,  for  and  against  the  "  New  Constitution/' 
and  immediately  forward  by  mail,  one  copy  of  said  certificates  to 
the  Governor,  and  one  to  the  Speaker  of  the  Senate.  So  soon  as 
the  poll  books  are  deposited  with  the  County  Court  Clerks,  they 
shall  certify  to  the  President  of  the  Convention,  an  accurate  state- 
ment of  the  number  of  votes  cast,  for  and  against  the  "  New  Consti- 
tution," as  appears  on  said  poll  books.  And,  if  any  of  said  return- 
ing officers  shall  fail  to  make  the  returns  herein  provided  for,  with- 
in the  time  required,  the  Governor  shall  be  authorized  to  send 
special  messengers  for  the  result  of  the  vote  in  those  counties  whose 
officers  have  so  failed  to  make  returns. 

4.  Upon  the  receipt  of  said  returns,  it  shall  be  the  duty  of  the 
Governor,  Speaker  of   the  Senate,  and  the  President  of  this  Con- 
vention, or  any  two  of  them,  to  compare  the  votes  cast  in  said  elec- 
tion ;  and  if  it  shall  appear  that  a  majority  of  all  the  votes  cast  for 
and  against  the  New  Constitution  were  for  "  New  Constitution/7  it 
shall  be  the  duty  of  the  Governor,  Speaker  of  the  Senate,  and  Presi- 
dent of   this  Convention,  or  any  two  of   them,  to  append  to  this 
Constitution  a  certificate  of   the  result  of  the  votes,  from  which 
time   the  Constitution  shall  be  established  -as  the  Constitution  of 
Tennessee,  and  the  Governor  shall  make  proclamation  of  the  result. 

5.  The  Governor  of  the  State  is  requested  to  issue  his  proclama- 
tion as  to  the  election  on  the  fourth  Saturday  in  March,  1870,  here- 
in provided  for. 

JOHN  C.  BROWN,  President. 
Attest: 

T.  E.  KUSSWURM,  Secretary. 


CERTIFICATE  OF  RATIFICATION. 


STATE  OF  TENNESSEE: 

In  pursuance  of  the  fourth  Ordinance  of  the  late  Constitutional 
Convention  of  the  State  of  Tennessee,  adopted  on  the  twenty-third 
of  February,  one  thousand  eight  hundred  and  seventy,  in  the  City 
of  Nashville,  we,  D.  W.  C.  SENTEB,  Governor  of  said  State,  and 
JOHN  C.  BROWN,  President  of  said  Convention,  and  D.  B.  THOMAS, 
Speaker  of  the  Senate,  do  hereby  certify  that  we  have  carefully 
compared  the  votes  for  and  against  the  New  Constitution,  in  the 
election  on  the  fourth  Saturday  of  March,  one  thousand  eight  hun- 
dred and  seventy,  and  we  certify  that  the  vote  cast  in  the  entire 
State,  leaving  out  the  Counties  of  Knox,  Grainger,  Roane  apd  Over- 
ton  (from  which  there  are  no  official  returns),  was  one  hundred  and 
thirty-two  thousand.  Of  these,  ninety-eight  thousand  one  hundred 
and  twenty-eight  votes  were  for  the  New  Constitution,  and  thirty- 
three  thousand  eight  hundred  and  seventy-two  votes  were  for  the 
old  Constitution,  and  that  the  majority  for  the  New  Constitution 
was  sixty-lour  thousand  two  hundred  and  fifty-six,  and  we  certify, 
accordingly,  the  ratification  of  the  New  Constitution. 

Done  at  the  Executive  Department,  in  the  City  of  Nashville, 
this  fifth  day  of  May,  A.  D.  one  thousand  eight  hundred  and  seventy, 
and  of  the  American  Independence  the  ninety-fourth. 

D.  W.  C.  SENTER, 

Governor. 

9     JOHN  C.  BROWN, 

President,  etc. 

D.  B.  THOMAS, 

Speaker  of  the  Senate. 


THE   GOVERNOR'S  PROCLAMATION 


DECLARING    THE 


RATIFICATION  OF  THE  NEW  CONSTITUTION 


STATE  OF  TENNESSEE,  EXECUTIVE  DEPARTMENT,  \ 
NASHVILLE,  May  5,  1870.      j 

In  pursuance  of  the  fourth  Ordinance  of  the  late  Constitutional 
Convention,  I  have  carefully  examined  the  official  returns  of  the 
election  held  on  the  26th  day  of  March  last,  for  the  ratification  or 
rejection  of  the  proposed  New  Constitution  for  the  State  of  Tennes- 
see, (except  the  Counties  of  Knox,  Grainger,  Roane  and  Overtoil, 
which  returns  have  not  been  received,)  and  find  the  number  of 
votes  cast  for  "INew  Constitution"  to  be  (98,128)  ninety-eight 
thousand  one  hundred  and  twenty-eight,  and  for  the  "  Old  Consti- 
tution "  (33,872)  thirty-three  thousand  eight  hundred  and  seventy- 
two,  being  a  majority  of  (64,256)  sixty-four  thousand  two  hundred 
and  fifty-six  for  the  New  Constitution. 

Now,  therefore,  I,  D.  W.  C.  SENTER,  Governor  of  the  State  of 
Tennessee,  by  virtue  of  the  power  and  authority  in  me  vested,  do 
hereby  declare  and  proclaim  that  the  "  New  Constitution/7  as  sub- 
mitted to  the  people,  was  ratified  by  them  at  the  ballot-box,  on  the 
26th  day  of  March  last,  by  said  majority  of  (64,256)  sixty-four 
thousand  two  hundred  and  fifty-six  votes. 

In  testimony  whereof,  I  have  hereunto   subscribed   my 

official  signature,  and  ordered  the  Great  Seal  of  the  State 

[SEAL.]' to  be  affixed.      Done  at  the  Department  in  the  City  of 

Nashville,  this  fifth   day  of  May,  A.  D.,  1870,  and  of  the 

American  Independence  the  ninety-fourth. 

By  the  Governor :  D.  W.  C.  SENTER. 

A.  J.  FLETCHER, 

Secretary  of  State. 


ACT  AUTHORIZING  THE  CONVENTION. 


THE    A.CT 

OF    THE 

GENERAL  ASSEMBLY 

AUTHORIZING  THE  CONVENTION. 

[Laws  of  1869-7O,  Chapter  CV^ 


AN  ACT  to  authorize  the  people  to  call  a  Convention,  and  for  other  purposes. 

WHEREAS,  According  to  Section  1,  Article  I,  of  the  Declaration 
of  Rights,  all  power  is  inherent  in  the  people,  and  all  free  govern- 
ments are  founded  on  their  authority  and  instituted  for  their  peace, 
safety  and  happiness  ;  and, 

WHEREAS,  It  is  declared  that,  for  the  advancement  of  these  ends, 
the  people  have,  at  all  times,  an  inalienable  and  indefeasible  right 
to  alter,  reform  or  abolish  the  Government  in  such  manner  as  they 
may  think  proper  ;  and, 

WHEREAS,  In  the  opinion  of  this  General  Assembly,  the  public 
exigencies  do  now  demand  the  exercise  of  these  inherent  and  re- 
served powers  on  the  part  of  the  people  of  the  State  :  Therefore, 
i  SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Tennessee,  That  every  male  person  not  convicted  and  rendered  in- 
famous for  crime,  of  the  age  of  21  years,  being  a  citizen  of  the 
United  States  and  a  citizen  of  the  county  where  he  may  oifer  his 
vote,  six  months  next  preceding  the  day  of  election,  is  hereby  au- 
thorised to  assemble  an  the  third  Saturday  of  December,  1869,  at 
the  several  places  of  holding  elections  in  the  several  counties,  and 
vote  for  or  against  calling  a  Convention  to  amend,  revise,  or  form 
and  make  a  new  Constitution  for  the  State ;  and  no  certificate  or 


448 

other   qualification  than   the   foregoing  shall   be  required  by  the 
Judges  holding  said  election. 

SEC.  2.  Be  it  further  enacted,  That  in  submitting  the  question  of 
a  Convention  to  the  people,  they  shall  have  written  or  printed  on 
their  ballots  the  words  "  Convention/'  or  "  No  Convention/'  and 
if  the  number  of  votes  cast  for  a  Convention  be  greater  than  the 
votes  cast  against  a  Convention,  then  there  shall  be  a  Convention. 

SEC.  3.  Be  it  further  enacted)  That  an  election  for  delegates  to  a 
Convention  of  the  people  of  the  State  shall  be  held  in  the  several 
counties  thereof  at  the  same  time  and  places,  and  that  said  election 
shall  be  held  at  all  the  precincts  and  voting  places  established  by 
law,  and  shall  be  managed  and  conducted  by  the  Commissioners  of 
Registration  and  other  proper  officers  of  the  counties  respectively, 
in  the  same  manner  and  under  the  same  rules  and  regulations  that 
members  of  the  General  Assembly  are  now  elected.  And  it  is 
hereby  declared  to  be  the  duty  of  the  Governor  to  issve  his  procla- 
mation to  the  several  Commissioners  of  Registration  of  the  State 
immediately  after  the  passage  of  this  act,  requiring  them  to  hold 
and  conduct  the  same  as  herein  provided.  The  said  Commissioners 
of  Registration  shall  advertise  the  time  and  places  of  said  election 
as  in  cases  of  members  of  the  General  Assembly. 

SEC.  4.  Be  it  further  enacted.  That  the  whole  number  of  delegates 
elected  to  said  Convention  shall  be  seventy-five. 

SEC.  5.  Be  it  further  enacted,  That  each  one  of  the  Representa- 
tive Districts,  as  established  by  the  apportionment  act  of  19th  of 
February,  1852,  shall  constitute  a  district,  and  elect  and  send  to 
said  Convention  exactly  the  same  number  of  delegates  that  they 
have  Representatives  in  the  General  Assembly  by  said  act  of  ap- 
portionment. 

SEC.  6.  Be  it  further  enacted,  That  each  one  of  the  Floaterial 
Districts,  as  established  by  said  act  of  apportionment,  shall  consti- 
tute a  district,  and  elect  and  send  to  said  Convention  one  delegate. 

SEC.  7.  Be  it  further  enacted,    That  the  votes   in   the   several 


449 

Representative  and  Floaterial  Districts  shall  be  compared  at  the 
several  places  where  the  votes  for  members  of  the  General  As- 
sembly were  compared  in  the  last  August  election. 

SEC.  8.  Be  it  further  enacted ,  That  no  person  shall  be  eligible  to 
a  seat  in  said  Convention  who  is  not  twenty-one  years  of  age,  and 
who  has  not  been  a  citizen  of  the  State  for  twelve  months,  and  of 
the  county  and  district  from  which  r  he  is  elected  six  months  im- 
mediately preceding  the  election. 

SEC.  9.  Be  it  further  enacted.  That  all  laws  requiring  test-oaths 
to  enable  persons  to  become  candidates  for  office,  or  requiring 
Judges  and  Clerks  of  elections  to  take  such  oaths,  shall  not  apply 
to  the  election  under  this  act. 

SEC.  10.  Be  it  further  enacted^  That  in  case  of  the  death,  refusal 
to  serve,  resignation  or  removal  from  this  State  of  any  delegate,  the 
vacancy  occasioned  thereby  shall  be  filled  in  the  same  manner 
prescribed  by  law  for  the  filling  of  vacancies  in  the  representation 
to  the  General  Assembly. 

SEC.  11.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
Commissioner  of  Registration  of  each  county  in  the  State,  im- 
mediately after  said  election,  to  make  a  complete  return  to  the  Sec- 
retary of  State  of  the  votes  cast  "for  Convention"  or  "  no  Con- 
vention," and  for  delegates  in  his  county.  The  certificate  of  elec- 
tion of  the  returning  officer  or  officers  of  the  county  or  districts, 
shall  be  prima  facie  evidence  of  the  right  of  any  delegate  to  a  seat 
in  said  Convention,  subject,  if  contested,  to  be  decided  in  the  man- 
ner the  Convention  may  prescribe. 

SEC.  12.  Be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
Governor  and  Secretary  of  State  to  compare  the  returns  made  by 
the  Commissioners  of  Registration,  and  if  a  majority  of  those  vot-» 
ing  be  in  favor  of  a  Convention,  it  shall  be  the  duty  of  the  Gov- 
ernor immediately  to  issue  his  proclamation  announcing  the  result, 
and  said  Convention  shall  convene  in  the  city  of  Nashville,  on  the 

second  Monday  in  January,  1870;  and  when  so  assembled,  said  del- 
29 


450 

egates  shall  organize  themselves  into  a  Constitutional  Convention, 
by  the  election  of  a  President  and  such  other  officers  as  they  may 
deem  necessary. 

SEC.  13.  Be  it  further  enacted,  That  said  Convention  shall  adopt 
such  rules  and  regulations  for  its  government,  and  the  transaction 
of  business  as  it  shall  think  proper,  and  that  the  members  and 
officers  of  said  Convention  shall  receive  the  same  compensation  as 
is  now  allowed  by  law  to  the  members  and  officers  of  the  General 
Assembly  of  the  State,  ana  to  be  paid  in  the  same  manner  by  the 
Treasurer. 

SEC.  14.  Be  it  further  enacted,  That  the  Constitution  or  form  of 
government  which  said  Convention  may  adopt,  shall  not  be  of  any 
binding  force  or  efficacy  until  the  same  has  been  submitted  to  and 
ratified  by  the  people  of  the  State,  in  such  manner  and  at  such  time 
as  the  Convention  shall  provide. 

SEC.  15.  Be  it  further  enacted,  That  should  any  county  have 
no  Commissioner  of  Registration  at  the  time  of  said  election,  or 
should  the  Commissioner  of  Registration  fail  or  refuse  to  hold  said 
election,  then  in  that  event,  it  shall  be  the  duty  of  the  Sheriff  of 
each  county  to  open  and  hold  such  an  election,  subject  to  the  same 
rules  and  regulations  as  imposed  upon  Commissioners  of  Registra- 
tion by  this  act. 

SEC.  16.  Be  it  further  enacted,  That  in  all  cases  when  the  Com- 
missioner or  Sheriff  fails  or  refuses,  or  from  any  other  cause,  fails 
to  hold  said  election,  it  shall  be  lawful  for  any  freeholder  to  hold 
said  election,  by  summoning  as  many  bystanders  as  may  be  neces- 
sary to  hold  said  election,  all  of  whom  shall  be  freeholders. 

SEC.  17.  Be  it  further  enacted,  That  this  act   shall  take    effect 

from  and  after  its  passage. 

W.  O'N.  PERKINS, 

Speaker  of  the  House  of  Representatives. 

D.  B.  THOMAS, 
.Passed  Nov.  15,  1869.  Speaker  of  the  Senate. 


INDEX 


INDEX 


.A. 

PAGE. 

ALLEN,  JOHN,  appointed  on  Committee  on  Executive  Department 42 

Resolutions  by 47,  347 

Granted  leave  of  absence 118 

Granted  leave  to  vote 178 

Motions  by 186,  187,  206,  338 

Amendments  proposed  by 194,  278,  374 

ARLEDGE,  JESSE,  resolutions  by 21,  48 

Appointed  on  Committee  on  Finance,  etc 42 

Granted  leave  of  absence 80,  168 

Granted  leave  to  record  vote 244 

Amendment  proposed  by 370 

ACT  of  Assembly  Authorizing  the  Convention „*.., 447 


B 

BATE,  HUMPHREY  R.,  takes  his  seat 17 

Appointed  on  Committee  on  Elective  Franchise 42 

Appointed  on  Committee  on  Revision 137 

Motions  by 143,  298,  327 

Amendments  proposed  by 221,  375 

Protest  by . . '. 300 

Demands  yeas  and  nays 327 

BAXTER,  JOHN,  resolutions  by 8,  82 

Motions  by 14,  90,  94,  100,  103,  109,  110,  120,  171,  200,  218,  224,  300, 

302,  316,  343,  352,  364,  373,  386,  390. 

Amendments  proposed  by 22,    101,   113,   135,  149,  193,220,223,283, 

295,  302,  392. 

Appointed  on  Committee  on  Credentials 18 

Appointed  Chairman  of  Committee  on  Bill  of  Rights 41 

Appointed  Chairman  of  Committee  on  Impeachments 121 

Report  by,  as  Chairman  (Bill  of  Rights) 59,  60,  61,  62,  63,  (54,  so 

Report  by,  as  Chairman  of  Impeachment  Committee 202,  203,  204 


454 

PAGE. 

Demands  yeas  and  nays 74,  103,  109,  110,  135,  185,  220,  228,  274,  289, 

295,  302,  305,  308,  309,  314,  317,  320,  326,  346,  350. 

Appointed  on  Committee  on  Common  Schools 190 

Demands  previous  question 294 

BENNETT,  JOHN  E.,  elected  Assistant  Doorkeeper 12 

BLACKBURN,  JOSEPH  H.,  takes  his  seat 17 

Appointed  on  Committee  on  Bill  of  Rights 41 

Resolutions  by 65,  334 

Granted  leave  of  absence 159,  242 

Amendment  proposed  by 210 

Motions  by 221 

Protest  by 253 

Demands  yeas  and  nays 337 

BLIZARD,  A  ,  resolutions  by 31 

Appointed  on  Committee  on  Finance,  etc 43 

Appointed  on  Committee  on  Revision 137 

Amendments  by 75,  82 

Motion  by 95,  208,  278,  340,  345 

Demands  previous  question 229,  234 

BRANDON,  NATHAN,  appointed  on  Committee  on  Legislative  Department . .  41 

Memorial  presented  by 250 

Amendment  presented  by 397 

BRANSON,  JAMES  W.,  resolutions  by 30,  33,  75 

Appointed  on  Committee  on  Executive  Department 42 

Protests  by 179,  253,  322 

BRITTON,  JAMES,  appointed  on  Committee  on  Credentials 18 

Appointed  on  Committee  on  Legislative  Department  41 

Resolutions  by 48,  65,  81,  191,  213,  360, 

Amendments  to  Rules  by 144 

Protest  by 397 

BROOKS,  RICHARD  P.,  resolutions  by 32,  48,  75,  81,  121,  233 

Appointed  on  Committee  on  Bill  of  Rights 41 

Amendments  by 104,  155,  375,  393 

Protest  by 179 

Motions  by 191,  222,  230 

Demands  yeas  and  nays 249 

BROWN,  JAMES  S.,  resolutions  by 24,  31,  382 

Appointed  on  Committee  on  Legislative  Department 41 

Granted  leave  of  absence 118,  287 

Motions  by .'.  ... .  .186.  244 

Amendments  proposed  by 194,  273  350 

Memorials  presented  by 211 

BROWN,  JOHN  C.,  elected  President 

Address  of .  .  f 


455 

PAGE 

Resolutions  by 19,  376 

Leave  to  record  his  vote 170 

Motion  by 361 

Demands  previous  question 377 

Thanks  of  Convention  tendered  to 405 

BROWN,  NEILL  S.,  motions  by 8,  24,  88,  110,  242,  315  362,  376 

Resolutions  by 14,  37,  73,  183,  184,  214,  233,  406 

Amendments  proposed  by 20,  37,  45,  89,  94,  196,  207,  255,  284,  287 

Appointed  on     ommittee  on  Legislative  Department 41 

Appointed  on  Committee  on»Elective  Franchise 42 

Appointed  on  Special  Committee 154 

Appointed  on  Committee  on  Common  Schools 190 

Memorial  presented  by '. 243 

Protest  by 300 

BURKETT,  T.  M.,  takes  his  seat 26 

Appointed  on  Committee  on  Miscellaneous  Provisions 43 

Amendments  by 80,  81,  223,  236 

Demands  for  yeas  and  nays 236,  241,  306 

Motions  by 247,  350 

Protest  by 300 

Appointed  on  Committee  on  Expenditures 304 

Demands  for  previous  question 335,  336 

BURTON,  JOHN  W.,  resolutions  by 8,  16.  33,  208,  232 

Motions  by 15,  168,  172,  250,  320,  349,  360 

Appointed  on  Judiciary  Committee 42 

Amendments  proposed  by 49,  94,  176,  195,  196,  209,  249,  349 

Appointed  on  Committee  to  wait  on  Mrs.  Polk 234 

Granted  leave  of  absence 80,  384 

Demands  yeas  and  nays 95,  215 

Report  by 239 

BYRNE,  WILLIAM,  appointed  on  Committee  on  Miscellaneous  provisions. . .  .43 

Protest  by , 300 

Yeas  and  nays  demanded  by 381 

o 

CALL  OF  THE  CONVENTION 242,  298 

CAMPBELL,  ALEXANDER  W.,  resolutions  by 14,  242,  322 

Appointed  Chairman  of  Committee  on  Rules 18 

Rules  reported  by 38,  39,  41 

Amendments  by. 29,  82,  83,  84,  85,  88,  108,  218,  220,  307,  308,  .315 

Appointed  on  Judiciary  Committee 42 

Motion  to  print 41 

Motions  by 187,,  35$ 


456 


PAGE, 

Previous  question  demanded  by ' 225 

Yeas  and  nays  demanded  by 226 

Appointed  on  Special  Committee 234 

Protest  by . .  '  • , .  300 

Leave'of  absence  granted  to 329 

CARTER,  WILLIAM  B.,  appointed  on  Committee  on  Bill  of  Rights 41 

Amendments  proposed  by . .  65,  100,  260,  284,  375 

Leave  of  absence  granted  to 276 

Resolution  by , .  304 

Motion  by 389 

Protest  by 398 

Prayer  by 404 

Explanation  by 407 

CHOWNING,  Z.  R.,  appointed  on  Committee  on  Miscellaneous  Provisions 43 

COFFIN,  JAMES  A.,  appointed  on  Committee  on  Credentials 18 

Appointed  on  Committee  on  Finance,  etc . .  43 

Memorial  presented  by 104- 

Amendments  proposed  by 175,  299- 

Yeas  and  nays  demanded  by 175 

Motion  to  re-commit 285 

COMMITTEES  appointed— On  Rules 18 

On  Credentials 18 

On  Printing 34 

On  Bill  of  Rights. 41 

On  Legislative  Department 41 

On  Executive  Department ,  .42 

On  Judiciary  Department 42 

On  Elections  and  Right  of  Suffrage 42 

On  Finance,  Internal  Improvements,  etc 42 

On  Miscellaneous  Subjects 43 

On  New  Counties,  etc 49 

On  Impeachments 121 

On  Revision 137 

On  Militia 154 

On  Common  Schools 190 

To  wait  on  Mrs.  Polk 234 

To  wait  on  Mrs.  Catron 238 

To  wait  on  the  Governor  and  Legislature 406 

CONSTITUTION,  as  adopted 409 

CONSTITUTION,  Certificate  of  Ratification  of 441 

CUMMINGS,  WARREN,  appointed  on  Committee  on  Elections 42 

Leave  of  absence  granted 118,  146,  276 

Yeas  and  nays  demanded  by 274 


457 

PAGE. 

CYPERT,  ROBERT  P.,  resolutions  by 75,  76 

Amendments  proposed  by 107,  109,  329,  345 

Demands  yeas  and  nays. .  .  .118,  173,  175,  183,  186,  277,  278,  330,  331,  332, 
338,  353,  361,  363,  384,  390. 

Motions  by 119,  175,  201 

Leave  of  absence  granted  to .  . . . : 241" 

Appeal  from  the  decision  of  the  Chair  by 363 


J3 

DEADERICK,  WM.  V.,  appointed  on  Committee  on  Elections,  etc 42 

Appointed  on  Committee  on  New  Counties,  etc 49 

Appointed  on  Special  Committee 154 

Memorial  presented  by 232 

Amendment  proposed  by 383 

DEAVEXPORT,  T1IOS.  D.,  appointed  on  Coin,  on  Miscellaneous  Subjects. .  .43 

Resolutions  by 49,  65,  66,  200 

Amendments  by  108,  122,  187 

Motions  by .., 194,  197,  207,  209 

Teas  and  nays  demanded  by 197,  212 

DELEGATES,  present  at  meeting  of  Convention 5,  6,  7 

DIBRELL,  GEO.  G.,  resolutions  by 32,  35,  49,  76,  360 

Appointed  on  Committee  on  Finance,  etc 43 

Amendmendsby 59,  118,  186,  188,  249 

Demands  yeas  and  nays 119,  235,  365 

Memorials  presented  by 162,  263 

Motions  by 194,  196,  361,  364 

Minority  report  (Finance) 291 

Protest  by 300 

Appeal  from  decision  of  the  Chair 361 

DOHERTY  W.  F.,  amendments  proposed  by 33,  66 

Appointed  on  Committee  on  Bill  of  Rights 41 

Memorials  presented  by , 198 

Resolution  by 347 

Motion  by 389 

DROMGOOLE,  JNO.  E.,  resolution  by 28,  88,  300,  347 

Appointed  on  Committee  on  Executive  Department 42 

A ineudments  by 145,  239,  280,  347 

1 1  'lice  granted  to 3 1 •"> 

in  1  nays  demanded  by 3f»4 

.Moilou  by 306 


458 
F 

PAGE. 

FENTRES8,  JAMES,  Resolutions  by 29,  32,  86,  50,  66,  182,  184 

Appointed  on  Committee  on  Elections,  etc.  .  . 42 

Motions  by 95,   136,  238,  242,  259,  275 

Report  (minority)  on  Elective  Franchise 97,  98,  99 

Amendments  by  102,  160,  225,  248,  261,  270,  277,  307,  332,  340,  343,  344, 
351,  357,  358,  365,  372 

Memorial  presented  by . . 192 

Yeas  and  nays  demanded  by 289,  318,  341,  358 

Protest  by 398 

Explanation  by 407 

FIELDER,  A.  T.,  appointed  on  Committee  on  Executive  Department 42 

Resolutions  by 66,  67 

Demands  previous  questions 1 08,  350 

Demands  yeas  and  nays 217,  271,  297,  298,  376,  385,  393 

Memorial  presented  by 162 

Motions  by 306,  351,  384 

Amendments  proposed  by 371,  375 

FINLEY,  W.  H.,  Appointed  on  Committee  on  Executive  Department. .......  .42 

Resolution  by 66 

Protests  by 179,  253 

Remonstrance  against  new  county : 243 

Amendments  proposed  by 379 

FOaa,  FRANCIS  B.,  privileges  of  the  Hall  granted  to 19 

FULKERSON,  P.  G.,  resolution  by 33,  50 

Appointed  on   Committee  on  Miscellaneous  Subjects 43 

Amendments  proposed  by ' 76,  176 

Motions  by 93,   94,  107,  171,  189,  296 

Granted  leave  of  absence 310 


GARDNER,  JOHN  A.,  resolutions  by 24,  47,  148,  191,  192,  202 

Appointed  Chairman  of  Committee  on  Finance 42 

Amendments  proposed  by 89,  90,  91,  94,  108,  245,  281,   372,  374,  375 

Report  by,  as  Chairman  of  Committee  on  Finance 132,  257,  276,  291 

Appointed  on  Special  Committees 258,  406 

Motions  by 281,  335,  387 

Yeas  and  nays  demanded  by 395 

GARNER,  JOHN  E.,  resolutions  by 19,  24,  34,  44,  146,  157,  405 

Appointed  Chairman  of  Committee  on  Printing 34 

Appointed  on  Committee  on  Miscellaneous  Subjects 48 

Reports  by 55,  56,  99,  391 

Amendments  by 89,  186,  188,  189,  193,  212,  245,  296,  375,  392,  393 


459 

PAGE. 

Y.-as  and  nays  demanded  by. .  .  .155,  186,  187,  197,  201,  256,  306,  313,  329, 

340,  366,  369,  371,  377, 

Motions  by..  122,  135,  148,  193,  207,  212,  224,  273,  293,  385,  386,  387,  395 
Previous  question  demanded  by 282,  312 

<  'A  IT,  S.  P.,  appointed  on  Committee  on  Miscellaneous  Subjects 43 

Resolutions  by 46,   310 

Amendments  proposed  by 162,  163,  164,  165,  166,  214,  299 

Memorial  presented  by. . .- 191 

Motion  by 311 

GIBBS,  CHARLES  K,  resolutions  by 34 

Appointed  on  Committee  on  Miscellaneous  Subjects 43 

Appointed  on  Committee  on  New  Counties,  etc 49 

Motions  by 156,  193,  299,  338 

Amendments  proposed  by 190,  299,  327,  338,  373,  383 

Memorials  presented  by 199,  360 

Minority  Report  from  Committee  on  New  Counties 267 

Yeas  and  nays  demanded  by 299,  382 

GIBSON,  HENRY  R.,  takes  his  seat 26 

Resolutions  by 34,  47,  67,  105,  157,  303 

Appointed  on  Committee  on  Legislative  Department 41 

Amendments  proposed  by 50,  51.  67,  76,  85,  .88,  93,  102,  108,  173,  188, 

205,  222,  225,  237,  238.  259,  279,  295,  300,  304,  319,  338,  347,  350,    359, 
364,  383. 

Demands  yeas  and  nays 173,  193,  206,  212,  218,  222,  223,  238,  249,  292, 

318,  335,  351,  367. 

Motions  by 44,  173,  197,  229,  379 

Protests  by 179,  253,  322 

Appointed  on  Committee  on  Common  Schools •  . .  .190 

Memorial  presented  by 243 

GORDON,  BOLLING,  appointed  temporary  Chairmnn "4,  159 

Address  of 4 

Motions  by 8,  46,  255 

Resolutions  by t 17,  181 

Appointed  on  Committee  on  Elections,  etc 42 

Appointed  Chairman  of  Committee  on  Common  Schools 190 

Report  as  ( •hairman  of  Committee  on  Common  Schools 221 

Yeas  and  nays  demanded  by 287 

Amendment  proposed  by 304 

GOVERNOR'S  PROCLAMATION  3,  4 

GOVERNOR'S  Proclamation   of  Ratification 444 

H 

IIEISKELL,  J.  B.,  resolutions  by 16,  27,  28,  120,  200,  352 

.  Amendments  proposed  by 2:'.,  73,  93,  101,  108,  145,  170,  172,  174,  182, 

218,  248,  272,  304,  307,  314,  386,  387. 


460 

PAGE. 

Appointed  on  Committee  on  Printing. .34 

Appointed  Chairman  of  Judiciary  Committee- 42 

Motions  by...  103,    109,    116,    146,    168,    169,    197,  216,224,225,  227,309, 

324,  3<->7. 

Appointed  on  Special  Committee — Impeachment 121 

Report  by,  as  Chairman  of  Judiciary  Committee.  .122  to  126,  285,  287,  323, 

367,  389,  390.. 

Previous  question  demanded  by 156,  229 

Yeas  and  nays  demanded  by 225,  226,  227,  293,  296,  312,  362,  368 

Protest  by 300 

HENDERSON,  RICHARD,  resolution  by  28 

Appointed  on  Committee  on  Legislative  Department 41 

i        Amendments  proposed  by 328 

HILL,  H.  L.  W.,  resolutions  by 17,  105 

Appointed  on  Committee  on  Executive  Department , 42 

Motion  by . . 146 

Demands  yeas  and  nays 147 

Amendments  proposed  by 156 

HILL,  SPARREL,  appointed  on  Committee  on  Elections 42 

Amendments  proposed  by 67,  63,  149,  209,  214,  230,  271,  339,  355,  357,  371 

Memorial   pr evented  by 68 

Motions  by 298,  390 

Previous  question  demanded  by 324,  356 

Teas  and  nays  demanded  by 336,  373 

HOUSE,  SAMUEL  S.,  appointed  Chairman  Committee  on  Credentials 18 

Resolutions  by ... 36,  44,  4(3,  91,  408 

Appointed  on  Comaiittee  on  Fin ince,  etc 43 

Report  by  as  Chairman  (Credentials) 36,  57,  58,  59 

Amendments  by 68,   103,  196,  242,  288,  338,  370,390 

Memorial  presented  by 78 

Yeas  and  nays  demanded  by 196,  271,  272,  386 

Motions  by 202,  204,  319 

Appointed  on  Committee  to  wait  oa  tha  Governor  and  the  Legislature .406 

HOUSE,  JOHN  F.,  motions  by  16,  110,  12  J,  135,  146,  148,  159,  174,  235,  279,  297, 
317,  318,  355,  372,  393 

Resolutions  by 16,  21,  69,  73,  183 

Amendments  proposed  by  26,  27,  47,  5u,  51,  52,  93,  100,  110,  111,  113,  134,  145, 
194,  230,  247,  342,  371 

Appointedon  Committee  on  the  Judiciary 42 

Appointed  on  Special  Committee 121 

Appointed  on  Cjmmtttee  on  Revision 137 

Demands  yeas  and  nays 101,  279 

HUMPHREYS,  WEST  H.,  granted  the  privileges  of  the  Hall 19 


461 
I 

PAGE. 

IVIE,  THOMPSONS.,  amendments  proposed  by  31,  33,  38,  44,  45,  52,  69,  70,  246, 
247,  272 

Appointed  on  Committee  oh  Legislative  Department — 41 

Resolution  by 69 

Memorials  presented  by 144,  250 

Leave  of  absence  granted  to . 241 

Leave  to  record  vote — ....244 

Yeas  and  nays  demanded  by 246,  247 

Motions  by 270,  271,  368 


J 

JONES,  GEORGE  W.,  resolution  by 14,  19,  26,  113,  148,  321 

Appointed  on  Committee  on  Rules « 18 

Motions  by  19,  64,  74,  113,  114,  143  144,  145,  147,  158,  184,  185,  220,  236,  288, 

3*  6,  332 

Appointed  on  Committee  on  Legislative  Department ..41 

Appointed  Chairman  of  Committee  on  Executive  Department 42 

Report  as  Chairman  Committee  on  Executive  Department 79 

Amendments  proposed  by  88,  112,  156,  169,   193,  216,  217,  219,  224,  227,  231, 

240,  260,  261,  272,  283,  293,  303,  304,  311,  313,  314,  324. 
Demands  yeas  and  nays,   159,  169,  177,  219,  231,  255,  269,  273,  277,  279,  281, 

282,  283,  288,  294,  297,  312,  316,  319,  324,  325,  328,  329,  333. 

Memorials  presented  by 166,  199 

Excused  from  voting 176 

Previons  question  demanded  by 236,  240 

Appointed  on  Special  Committee 258 

Appeals  from  decision  of  the  Chair 333 

JONES,  THOMAS  M.,  resolutions  by 18,  23,  352,  367 

Appointed  on  the  Committee  on  the  Judiciary 42 

Appointed  on  the  Committee  on  New  Counties,  etc 49 

Amendments  proposed  by...., 69,  207,  318,  320,  326,  336,  337,  342,  382 

Motions  by 155,  262,  276,  290,  342 

Yeas  and  nays  demanded  by 2l9,  326,  343,  355,  382,  396 

Point  of  order  raised  by ... 333 

JONES,  THOS.  W.,  elected  Assistant  Secretary 10 

JUDGESHIPS  declared  vacant 204,  205 


KENNEDY,  D.  N.,  resolutions  by 14,  15.  16,  23,  29,  35,  77,  393 

Motions  by 25,  122,  173,  185,  190,  192,  230,  397 

Appointed  on  Committee  on  Printing 34 


462 

PAGE. 

Appointed  on  Committee  on  Finance 43 

.Amendments  (rules  )  proposed  by 50.  74 

Amendments  to  Constitution   proposed   by  172,    175,  183,   192,  196,  237,  240, 
'253,  2-39,  235. 

Demands  previous  question 95,  280,  332 

Demands  yeas  and  nays.'. - 116,  207,  236  240,  331,  332 

Memorial  presented  by 292 

Protest  by  Clarksville  Board  of  Trade 360 

KEY,  D.  M.,  resolutions  by 31,  106 

Appointed  on  Committee  on  Elections,  etc 42 

Appointed  on  Special  Committee 121 

Memorials  presented  by 105,  211 

Motions  by 113,  216,  279,  335,  336,  337,  379 

Amendments  proposed  by 239,  379 

Yeas  and  nays  demanded  by 244,  358 

KIRKPATRICK,  S.  J.,  resolutions  by 13,21,86,191 

Appointed  on  Committee  on  Miscellaneous  Subjects 43 

Amendments  proposed  by 52,  53,  93,  95,  189,  205,  342,  373 

Memorials  presented  by 91,  136,  137 

Appointed  on  Committee  on  Common  Schools 190 

Motions  by 279,  305,  319,  330,  352 

Previous  question  demanded  by 314 

Leave  of  absence  granted  to 352 

KYLE,  A- A.,  appointed  on  Committee  on  Elections,  etc 42 

Amendment  proposed  by 96 

Resolutions  by 105 

Motions  by 119,  396 

Protest  by 397 

Appointed  on  Committee  to  wait  on  Governor ,406 

KYLE,  WM.  S.,  elected  2d  Assistant  Secretary 18 


M: 

MABRY,  JOSEPH  A.,  appointed  on  Committee  on  Printing 34 

Appointed  on  Committee  on  Finance,  etc 43 

Resolution  by 53 

Motions  by 195,  289,  349,  355,  359,  374,  390 

Previous  question  demanded  by 197 

Amendments  proposed  by 221,  356,  357,  358,  372 

Yeas  and  nays  demanded  by 258,  356,  357,  372 

Minority  report  (Finance)  by 291 

McDOUGAL,  A.  G.,  resolutions  by 26,  153 

Appointed  on  Committee  on  Finance,  etc 43 

Amendments  proposed  by 103,  215,  217,  242,  344 

Yeas  and  nays  demanded  by 216 

Previous  question  demanded  by 217 


463 

PAGE. 

,  MALCOLM",  appointed  on  Committee  on  Bill  of  Rights  II 

Resolutions  by.-. »;<),  70,  87 

Leave  to  change  vote 178 

Leave  of  absence 201 

Protest  by :;<I7 

MARTIN,  MATT.,  resolutions  by w 29,  30,  44,  394 

Appointed  on  Committee  on  Bill  of  Rights 41 

Amendments  proposed  by 86,  87,  136,  224,  225,  380 

Motions  by 117,  146 

Demands  yeas  and  nays 145,  IfxS 

Appointed   on  Special   Committee  (Militia) »  154 

Report  by  from  Special  Committee  (Militia) ,,;.!??. 158 

Leave  of  absence  granted  to :.'-, 234 

Memorials  presented  by..  .........263,  285 

Appeal  from  decision  of  Chair .394 

Protest  by 397 

MEEKS,  JOHN  H.,  takes  his  seat 49 

Resolutions  by 10G 

Memorials  presented  by 121,  285 

Appointed  on  Special  Committee 190 

Motion  by 317 

MERCHANTS  OF  NASHVILLE,  invitation  of 261 

MORRIS,  THOMAS  C.,  amendments  proposed  by 37,  44,  234 

Appointed  on  Committee  on  Bill  of  Rights 41 

Yeas  and  nays  demanded  by 234,  259,  290,  344 

Protest  by 397 


1ST 

NETIIERLAND,  JOHN,  appointed  on  Committee  on  Rules 18 

Appointed  on  Committee  on  Judiciary 42 

Amendments  proposed  by 102 

Memorial  presented  by 122 

Appointed  on  Special  Committees 154,  234,  258 

Motions  by 234,  270 

Memorial  presented  by, 244 

Resolutions  by 252,  255,  264 

Report  by 263 

Protest  by 397 

NICHOLSON,  A.  0.  P.,  calls  the  Convention  to  order 3 

Resolutions  by 14,  181,  182,  405 

Motions  by 19,  100,  116,  136,  143,  155,  161,  177,  209,  2l3,  250 

Appointed  on  Committee  on  the  Judiciary 42 

Appointed  Chairman  of  Committee  on  Elections,  etc 42 

Appointed  Chairman  on  Committee  on  Revision 137 


464 

PAGE. 

Reports  by,  as  Chairman 92,  115,  116,  211,  257,  348 

Amendments  by 00,  172,  184,  302,  304,  320,  375,  888,  392,  405 

Previous  question  demanded  by 176 


o 

ORDINANCE   Reported 406 

ORDINANCE  as  adopted ,.441 


IP 

PARKER,  JAMES  C.,  appointed  on  Committee  on  Executive  Department 42 

Amendments  by 63,  54,  184 

Protests  by 179,  253,  322 

POLK,  MRS.  J.  K.,  resolution  in  relation  to 232 

PORTER,  GEORGE  C.,  appointed  on  Committee  on  Credentials 18 

Appointed  on  Committee  on  Bill  of  Rights 41 

Amendments  proposed  by. ..22,  23,  30,  53,  89,  119,  133,  134,  229,  269,  270,  305, 
311,  324,  338. 

Resolutions  by 70,  76,  77,  334 

Demands  yeas  and  nays 78,  195,  335,  339 

Motions  by 80,  176,  183,  215,  217,  222,  ?05,  339,  344,  350,  36(J,  37*; 

Previous  question  demanded  by .216,  315 

Protest  by ;HK> 

Appointed  on  Committee  on  Expenditures 304 

PORTER,  JAMES  D.,  Jr.  appointed  on  Committee  on  Rules 18 

Appointed  on  Committee  on  Judiciary 42 

Appointed  on  Special  Committee 121 

Amendments  by 89,  120,  170,196,  245,353 

Previous  question  demanded  by 2.S9 

Motions  by 110,  218,  238,  246,  310,  382 

Leave  of  absence  granted 315 

Resolutions  thanking  officers 405 

PROCLAMATION  of  Governor,  declaring  Ratification 444 


R, 

REPORTS  OF  COMMITTEES 55,  56,  59,  79,  92,  122,  132,  137,  167,  211,  233, 

257,  264,  285,  287,  323,  348,  367,  389,  390,  400. 

RUSSWURM   T.  E.  S.,  elected  Secretary '.) 

RATIFICATION  of  Constitution,  Certificate  of 443 


465 


PAGE. 

SAMPLE,  WILLIAM,  reso'utions  by 35,  36,  77,  87,  91,  23f,  334 

Appointed  on  Committee  on  Bill  of  Rights 4i 

Memorials  presented  by 91.  192 

Amendments  proposed  by 217,  230,  234,  2H8 

SEAY,  GEORGE  E.,  resolutions  by 27,  28,  3-">l 

Appointed  on  Committee  on  Finance,  etc 43 

Appointed  Chairman  of  Committee  on  New  Counties,  etc 49 

Amendments  by 54,  77,  94,  171,  194,  239,  348,  357,  368,  370,  381,  395 

Leave  of  absence  granted  to 168 

Memorials  presented  by 106,  191 

Motions  by 170,  333,  359,  371,  378,  381 

Yeas  and  nays  demanded  by  171,  245,  359,  368,  372 

Report  by,  as  Chairman  264,  267,  377 

Report  from  minority  of  Committee 2i)l 

SHELTON,  E.  H.,  takes  his  seat 17 

Appointed  on  Committee  on  Legislative  Department 4t 

Protest  by 300 

SHEPARD,  R.  G..  appointed  on  Committee  on  Executive  Department 42 

Resolution  by 54,  393 

Yeas  and  nays  demanded  by 256,  339 

Memorial  presented  by 276 

Protests  by 300,  3'.  8 

Amendments  by 378 

STALEY,  W.  B.,  resolutions  by 25,  26,  59 

Appointed  on  the  Committee  on  the  Judiciary 42 

Minority  report  (Judiciary)  by 120  to  132 

Amendments  by 147,  1G9,  379 

Motion  by 157 

Protests  by 178,  253 

Yeas  and  nays  demanded  by 380 

STEPHENS,  WM.  H.,  resolutions  by 19,  29,  30,  54,  136,  261 

Appointed  Chairman  of  Committee  on  Legislative  Department 41 

Appointed  Chairman  of  Committee  on  Finance,  etc 43 

Amendments  proposed  by 88,  153,  154,  169,  189,  209,  270,  283,  369,  395 

Motions  by HO,  159,  168,  205,  231,  297,  346,  352 

Appointed  Chaiiman  of  Committee  on  Revision 137 

Report  by,  as  Chairman  of  Com.  oh  Legislative  Department..  137,  143,  335,  368 

Appointed  on  Special  Committee 154 

Memorials  presented  by 21],3f>0 

Protest  by :•}<)() 

STKWART,  L.  G.,  elected  Doorkeeper ...12 


466 
T 

PAGE. 

TAYLOR,  JOHN  M.,  takes  his  seat .17 

Resolutions  by .' 34,  55,  802 

Appointed  on  Committee  on  Bill  of  Rights II 

Appointed  on  Committee  on  New  Counties 4i> 

Amendments  by 50,  221,  230,  307,  30s,  :54i> 

Motions  by • 101,  222,  233,  300,  340 

Yeas  and  nays  demanded  by 171,  227,  308,  311.  302,3(54 

Appointed  on  Special  Committee 1<)0 

Memorials  presented  by 232,  244 

THOMPSON,  JOHN  C-,  resolutions  by ..;.:..  28,  45,  182,  192,  311 

Amendments  proposed  by 33,  34,  35,  3(5,  37,  87,  80,  95,  207,  200,  314,  332, 

345,  389,  392. 

Appointed  on  Judiciary  Committee 42 

Motions  by 209,  289,  284,  847 

Memorials  presented  by 262.  347 

Protest  by 300 

THOMPSON,  W.  VANCE,  appointed  on  Committee  on  Legislative  Department 41 

Amendments  proposed  by 54,  188,  200,  201,  273,  820,  3-'() 

Resolutions  by 71,  397 

Motions  by 74,  228,  250,  371,  377,  382 

Memorials  presented  by 78,  106,  251 

Demands  previous  question 134 

Leave  to  record  vote 178 

Yeas  and  nays  demanded  by 320 

TRIGG,  Hon.  C.  F.,  extended  the  privileges  of  the  Hall 311 

TURNER,  JAMES  J.,  amendments  proposed  by. ..23,  24,  43,   47,  55,  93,  94.  194,  224, 
225,  229,  295,  340. 

Appointed  Chairman  of  Committee  on  Miscellaneous  Subjects 43 

Motions  by 110,  117.  108.  320,  381,385 

Report  by,  as  Chairman 107,  233 

Ordinance  by 199 

Yeas  and  nays  demanded  by.... 224,  229,  345 

Resolutions  by 322,  352,  383 

Previous  question  demanded  by 229,  329 


WALTERS,  G.  W.,  Appointed  on  Committee  on  Miscellaneous  Subjects 43 

Resolutions  by  demanded 73 

Leave  to  record  vote 170 

Leave  to  change  vote 170 

Motion  by 275 

Yeas  and  nays  demanded  by 275 

Protest  by 397 


467 


WARNER.  RICHARD,  Jr.,  resolutions  by 17,  24,  25,  20,  S7,  ?8,  '.)«»,  '•  7 

Appointed  on  Committee  on  Executive  Department 12 

Appointed  on  Committee  on  New  Counties,  etc., -I-'.) 

Amendments  proposed  by. .55,  71,  72.  7:'.,  7*,  79,  101,  HH,  174,  188,  210,  34<;,  3<;o 

Memorials  presented  by ^ 91,  122 

Motion  by 1  13 

Yeas  ;u»d  nays  demanded  by 171 

Minority  report  by .-.,,  -t-7 

WILLIAMSON.  W.  II. ,  appointed  on  Committee  on  Credentials IS 

Appointed  on  Commiitee  on  Elections,  etc '. .42 

Appointed  Chairman  of  Committee  on  Expenditures .' 300 

Amendments  by 102,  1U<5,  107,  U2,  283,  305,  355,  393 

Amendments  by  rejected 1 17 

Excused  from  voting 1TO,  241 

Resolutions  by 80,  3<»4.  306 

Yeas  and  nays  demanded  by 101,  270  317,  305 

Motions  by 283,  303,  404 

Report  by  as  Chairman  Committee  on  Expenditures 400,  403 

Protest  by 308 

WIUGHT,  W.  M.,  appointed  on  Committee  on  Executive  Department 42 

Motions  by 93,  247 

Demands  previous  question  '. 103 

Resolutions  by 113,  154 

Demands  yeas  and  nays 134 

Memorial  presented  by 157 

Protest  by 300 

YEAS  AND  NAYS,  74,  78,  95,  100,  101,  102,  103,  109,  llO,  111,  114,  116,  117,  118, 
119,  134,  135,  145,  147,  155,  15f>,  158,  159,  161,  1(59,  171,  173,  174,  175,  170, 
177,  183,  185,  186,  187,  189,  193,  195,  190,  197,  201,  205,  2(6,  207,  208,  212, 
213.  210,  210,  217,  218,  219,  22'»,  222,  223,  224,  225,  220,  227,  228,  2J9, 
231,  235.  23(1,  2^8.  2-10,  241,  244.  243,  24(5,  247,  249,  255,  250,  258,  259,  269, 
270.  271,  272,  273,  274,  275,  277,  278,  279,  280,  281,  282,  2b3,  287,  288,  289, 
29i>,  292,  293,  294,  295,  296,  297,  298,  299,  302,  304,  305,  300,  308,  309,  311. 
312,  313,  314,  31(>,  317,  318,  319,  320,  324,  325,  320,  327,  328,  329,  330,  331, 
332.  333,  335,  330.  337,  338,  339,  340,  341,  343,  344,  345,  346,  350,  351,  353, 
354.  355,  350,  357.  358,  359,  301,  302,  363,  304,  305,  300,  367,  368,  369,  370, 
371.  372,  373,  374,  370,  377,  379,  380,  381,  382,  384,  385,  386,  390,  392,  393, 
394.  395,  3'JO,  397. 


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